IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 CRP.No. 601 of 2008() --------------------- OP(ELE) 75/1999 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... REVN. PETITIONER: RESPONDENT ----------------------------------------------- POWER GRID CORPORATION OF INDIA LTD, REPRESENTED BY ITS MANAGING DIRECTOR, POWER GRID CORPORATION OF INDIA LTD, NANGIARKULANGARA,P.O., HARIPAD, KAYAMKULAM IN ALLEPPEY DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: PETITIONERS ------------------------------------------ 1. T.VALSALA KUMARI, SREENILAYAM, CHOORAKODE.P.O, MANAKIA P.O, ERATHU VILLAGE, ADOOR TALUK. 2. SREENATH, S/O.T.VALSALAKUMARI, AGED 10, -DO- -DO- PATHANAMTHITTA DISTRICT, REPRESENTED BY HIS MOTHER AND NEXT FRIEND OF 1ST PETITIONER) ADV. SRI.G.UNNIKRISHNON FOR R1,2 SRI.K.SANEESH KUMAR FOR R1,2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON 30/11/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No.601 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011 ORDER This C.R.P. is filed by the respondent/Power Grid Corporation of India Ltd., in O.P.(Ele.) No.75 of 1999 on the file of Addl. District Court, Pathanamthitta. Respondents 1 and 2 herein are the petitioners in that O.P. which was filed under Sections 10 and 16 of the Indian Telegraph Act r/w Section 51 of the Electricity Act. 2. The case of the petitioners in O.P. No.75 of 1999 is briefly as follows. The petitioners have property in Erathu village through which the respondent drew 220 KV electric transmission line from Kayamkulam to Edamon by cutting and removing many valuable trees. 112 yielding rubber trees and 5 yielding coconut trees and certain other trees were cut and removed from the plot of the C.R.P. No.601 of 2008 :2: petitioners. Only Rs.1,16,828/- has been awarded as compensation. It is grossly insufficient and fixed arbitrarily. The plot of the petitioners is situated in an important locality. The plot of the petitioners would have fetched Rs.25,000/- per cent, having proximity to Schools, Bank, church etc. It is bounded by two Panchayat roads. On account of the drawing of the transmission line, the land value of the plot of the petitioners has diminished considerably, on account of the loss of utility and potentiality. 60 cents of land has lost its utility completely. Additional compensation to the tune of Rs.30,36,228/- was claimed. 3. The respondent resisted the O.P. on the following grounds. The compensation already fixed is just and reasonable. No diminution in the land value has been caused to the plot of the petitioners. There is no scope for granting any enhancement in compensation. The petitioners' claim cannot be allowed as the petitioners received compensation without any protest. On these grounds the respondent prays for dismissal of the O.P. 4. The Addl. District Judge on considering the matter C.R.P. No.601 of 2008 :3: allowed the petitioners to recover Rs.1,76,203/- with 6% interest per annum from the date of the O.P. to the date of the recovery with costs of Rs.1,000/- from the respondent and its assets. Against that order the respondent filed this C.R.P. 5. Heard learned counsel for the revision petitioner and learned counsel for the respondents. 6. Learned counsel for the revision petitioner submits that the Court below committed a grave mistake in holding that the respondents are entitled to get compensation towards diminution of land value. The amount of compensation fixed by the Court below is highly excessive. Learned counsel for the respondents supported the order of the Court below. 7. There is no dispute that 5 yielding coconut trees and 112 yielding rubber trees were cut and removed. The Addl. District Judge granted Rs.65,277/- towards enhanced compensation for 112 yielding rubber trees and Rs.2,642/- was awarded towards enhanced compensation for 5 coconut trees and thus in total additional compensation in respect of trees is fixed as Rs.67,919/-. C.R.P. No.601 of 2008 :4: 8. The Addl. District Judge based on the commissioner report assessed the area affected as 54.142 cents and 20% is assessed as the percentage of diminution in land value due to the drawal of electric line and Rs.10,000/- per cent was fixed as land value based on Ext.A1 Sale deed. Calculating on that basis, the diminution in land value is assessed as Rs.1,08,284/-. Since the Addl. District Judge has awarded only a reasonable enhancement of compensation, I find no reason to interfere with that order. Accordingly this C.R.P. is dismissed as it is without any merits. There is no order as to costs. M. L. JOSEPH FRANCIS, (JUDGE) dl/