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Judgment
Thomas P. Joseph, J.—This revision is in challenge of order dated 20.03.2004 in O.P (Ele).No.526 of 1997 of the Court of learned Additional District Judge (Adhoc-I), Ernakulam awarding enhanced compensation for value of improvements and compensation for diminution in land value on account of drawl of line.
It is not disputed that 110Kv, high tension line was drawn through the property of respondent for which various improvements were removed from the property. It includes coconut trees, arecanut trees, pepper wines, rubber trees, cashew trees, cocoa, jack trees, mango trees etc. petitioners were awarded Rs. 3,63,000/- as compensation for value of improvements while no amount was awarded for diminished land value.
So far as the claim for enhanced compensation for value of improvements is concerned, it is seen from the order under challenge that learned Additional District Judge accepted data''s given by petitioners in the detailed valuation statement but, annuity was taken as 5% in the light of the decision of this Court in Kumba Amma Vs. K.S.E.B (2000 (1) KLT 542) and enhanced compensation was awarded for value of improvements.
What remains is compensation claimed for diminished land value. Learned Additional District Judge found that about an Acre of land is affected by the drawal of line. Rs. 1000 per cent is the land value fixed and 25% of the same was taken as basis for fixing compensation. Rs. 25,000/- was awarded on that count.
Learned counsel for petitioner contended that enhanced compensation awarded for value of improvements and diminished land value is excessive. Learned counsel for respondent submitted that the amount payable as per the impugned order is already deposited and withdrawn by the respondent.
So far as enhanced compensation for value of improvements is concerned, the only change which learned Additional District Judge has made is in the matter of annuity. Compensation awarded for diminished land value is only Rs. 25,000/- for one acre fixing land value at Rs. 1000/- per cent. Having regard to the circumstances stated I am inclined to think that no interference is required particularly as the amount is deposited and withdrawn by the respondent.
The civil revision is dismissed. No cost.