KERALA STATE ELECTRICITY BOARD Vs. M A VASU

JUDGEMENT

(1.) These revisions arise from the common order passed by learned Additional District Judge-I, Ernakulam in O.P.(Ele.) Nos.20 of 2005, 21 of 2005, 22 of 2005 and 27 of 2005, respectively allowing enhanced compensation for value of improvements and compensation for diminished land value on account of drawal of the 110 KV line. The State Electricity Board being aggrieved by the common order to the extent it concerned these cases has come up in revision invoking the power of this Court under Section 115 of the Code of Civil Procedure (for short, "the Code").

(2.) It is not disputed that 110 KV line was drawn though properties of respondents, involved in these cases and lying contiguous. Petitioner prepared detailed valuation statements as regards improvements cut and removed from the said properties and awarded compensation based on the datas contained in the detailed valuation statements. No amount was awarded as compensation for diminished land value. Respondents claimed additional compensation for value of improvements and compensation for diminished land value. It is contended by learned counsel for petitioner that additional compensation awarded for value of improvements is excessive. According to the learned counsel, court below went wrong in awarding compensation for diminished land value and at any rate the amount awarded is excessive.

(3.) So far as additional compensation awarded for value of improvements is concerned, Exts.B2, B3, B4 and A4 are the detailed valuation statements concerning the cases referred to above. It is seen that in O.P.(Ele.) No.20 of 2005 Rs.6,268/- was awarded as compensation for value of improvements while in O.P.(Ele.) No.21 of 2005 the sum awarded on that count is Rs.1,188/-. In O.P.(Ele.) No.22 of 2005 compensation awarded for value of improvements is Rs.4,459/-.