After having gone to the records and after hearing the counsel appearing for the Respondent, the matter arises for consideration is regarding the quantum of compensation given towards diminution in land value.
2. The court below has estimated that an extent of 10 cents of land has been affected and number of trees cut from the property and estimated the land value at Rs.10,000/- per cent and diminution of land value as 30%. On that basis, Rs.30,000/- was granted to the petitioner as land value.
3. Obviously, the assessment on the basis of the area affected and the number of trees cut cannot be proper method of evaluation. It is to be noticed that the petitioner has only 50 cents of land and a 220 KV electric transmission line was drawn across the property. It affected his whole property.
4. The petitioner has produced documents A9 and A10 which would show that the value of the property is much more than what is assessed by the court below. The court below has not given any reason for fixing the land value at Rs.10,000/- per cent on the basis of Exts.A9 and A10. The land value has to be fixed at the minimum of Rs.12,500/- per cent.
5. Considering the nature of the line drawn i.e. 220 KV electric transmission line, the diminishing value is reasonable at 40% and the extent of land affected is taken as 15 cents. Therefore, the value is worked out at Rs.75,000/- (15x12500x40/100). The petitioner is therefore entitled to get Rs.45,000/- (Rupees forty five thousand only) in excess towards diminution in land value.
This civil revision petition is allowed in part. The diminution of land value which is estimated at Rs.30,000/- per cent by the trial court is enhanced to Rs.75,000/- (Rupees seventy five thousand only) and for the enhanced amount the petitioner will get 9% interest from the date on which the compensation awarded by the court below.
St/-
//true copy// P.S. To Judge Sd/-
P. BHAVADASAN, JUDGE.