IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 CRP.No. 860 of 2004(H) ---------------------- OPELE.118/1999 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... REVN. PETITIONER: RESPONDENT: ----------------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS MANAGER. BY ADV. SRI.K.P.DANDAPANI RESPONDENT: PETITIONER: ------------------------ MATHAIKUTTY, MANGALATHU VEEDU, NELLIMUKAL P.O., ADOOR. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008 ALONG WITH CRP NO.863/04, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NOs. 860 & 863 OF 2004 --------------------- Dated this the 2nd day of January, 2008 ORDER C.R.P. No.860/04 is preferred against the order of the Additional District Judge, Pathanamthitta in OP(ELE) 118/99 whereby the court below has awarded a compensation of Rs.1,750/- with 9% interest. C.R.P. No.863/04 is preferred against the order of the Additional District Judge, Pathanamthitta in OP (ELE) 302/98 whereby the court below has awarded a compensation of Rs.5,375/- with 9% interest. 2. So far as OP 118/99 is concerned, the court found that the land value is Rs.1,000/- per cent and that 8 coconut trees and other saplings were cut and removed from the property. The court calculated the affected extent of land as 7 cent and gave a diminution of land value at 25% and awarded a total compensation of Rs 1,750/-. It has to be stated that the court has applied its mind and the extent taken is adequate and correct. The centage vale is proper and the diminution of land value is just. Therefore, the award does not suffer from any infirmity and it is confirmed. CRP NOS. 860 & 863/04 2 3. So far as OP 302/98 is concerned, it can be seen that the court has taken into consideration 8.50 cents as the extent of the property affected excluding the tower and fixed the land value per cent at Rs.2,000/- fixing the diminution of land value at 25% and awarded a compensation of Rs.4,250/- for the area occupied by the tower, which is taken as .075 cents. 75% of the land value was taken as the diminution of land value and Rs.1,125/- was awarded. Thus a total compensation of Rs.5,375/- has been granted. The court also relied upon the Commissioner’s plan namely Ext.C3 and fixed the area occupied by the tower as 'ADCE' in the plan. Since all the necessary requisites were taken into consideration for fixing adequate compensation, the award does not suffer from any infirmity. Therefore civil revision petition Nos. 860 and 863 are dismissed. Since the matters are being dismissed, notice is dispensed with. M.N.KRISHNAN, JUDGE vps CRP NOS. 860 & 863/04 3