IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 CRP.No. 415 of 2007 --------------------- OP ELE.650/2002 of ADDL.D.C. ,ALAPPUZHA. .................... REVN. PETITIONERS: RESPONDENT PETITIONERS/PETITIONERS ----------------------------------------------------------------------- 1. V.PRINCE,AGED S/O.VASAVAN,KANNATHARA, POTHAPPALLY NORTH,KUMARAPURAM P.O, KUMARAPURAM VILLAGE. 2. V.PRAMODH,AGD S/O.VASAVAN,KANNATHARA, POTHAPPALLY NORTH,KUMARAPURAM P.O, KUMARAPURAM VILLAGE. 3. SUBASHINI,AGED,W/O.VASAVAN,KANNAMTHARA, POTHAPPALLY NORTH,KUMARAPURAM P.O, KUMARAPURAM VILLAGE. BY ADV. SRI.J.OM PRAKASH RESPONDENT: RESPONDENT/COUNTER PETITIONER --------------------------------------------------------- POWER GRID CORPORATION OF INDIA LTD, REPRESENTED BY ITS MANAGER,LOCAL OFFICE AT NANGIARKULANGARA,HARIPAD. ADV. SRI.MILLU DANDAPANI FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No. 415 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The claimant is the revision petitioner. The court below after considering the case on evidence held that, the claimant is entitled to get enhanced compensation of Rs.47,300/-. Regarding claim for compensation for diminution of land value, the court below found that the petitioner failed to adduce any evidence in support of the said claim. 2. The learned counsel for the revision petitioner submitted before this Court that, due to the drawing of the line, 20 cents of land at least is injuriously affected and therefore the petitioner is entitled to compensation for diminution in land value. 3. I find some force in the contention raised by the revision petitioner. This is a fit case for remand. Since the matter may get delayed for some time if it is remanded, I propose to allow his claim at least partly. 4. I have noticed that Ext.A5 sale deed has been produced by the claimant in order to show the land value in the locality. In the light of Ext.A5 sale deed, though the market value per cent in respect C.R.P.No. 415 OF 2007 -:2:- of property covered by Ext.A5 sale deed is Rs.20,000/-, there is no evidence before the Court as to whether this property is similar and similarly situated with that of the property belonging to the claimant. At the same time, for giving a quietus to the litigation, I find that Rs.10,000/- per cent can be fixed as a moderate rate of market value of the property in question. The diminution of land value shall be fixed at the rate of 25%. Therefore, the revision petitioner is entitled to Rs.25,000/-. Additional compensation shall carry interest at the rate of 6% from the date of petition till realisation. Thus, the C.R.P. is partly allowed and there is no order as to costs. (HARUN-UL-RASHID, JUDGE) ttb