The petitioners, whose five cents of property has become almost useless on account of the passage of Kayamkulam – Pallam 220 KV electric line, have approached the District Court, Alappuzha through OP(Ele) 61/2001 seeking enhancement in the compensation granted by the respondent, and also seeking compensation on account of diminution in land value for the entire extent of 5 cents property.
2. It seems that the entire 5 cents of property has become practically useless on account of the passage of the high-tension 220 KV overhead power line. Some yielding coconut trees, yielding areacanut trees and some miscellaneous trees were cut and removed from the said property. The number of such trees cut and removed from the property itself denotes that the entire 5 cents of property has become a barren land. Admittedly, no structures can be put up in the property, as well as no trees can be planted therein. Initially, the respondent had granted an amount of ₹ 19,162/- alone as compensation in respect of the trees cut and removed. The court below enhanced the same and granted an additional compensation of ₹12,723/-, in respect of the trees cut and removed; at the same time, it seems that the court below has not granted any amount towards diminution in land value.
3. Heard the learned counsel for the petitioners Sri.Om Prakash and Sri.Millu Dandapani, learned Standing Counsel for the respondent.
4. It seems that the petitioners had claimed an amount of ₹45,000/- before the court below towards diminution in land value. Ext.A7 sale deed of the year 2000 in respect of a neighbouring property was produced in which the land value was shown as ₹20,000/- per cent. The trees were cut and removed and the line was drawn in the year 1998. By taking note of that aspect, as well as by assigning a reason that the similarities of properties covered by Ext.A7 and the property in question was not ascertained through a Commissioner, the court below has not cared to grant any amount towards diminution in land value. Without granting any amount under that head, the claim was rejected by the court below, against which, the petitioners have come up in revision.
5. It is true that Ext.A7 document was of the year 2000, which means that the said document was executed two years after the power line was drawn. It seems that the property covered by Ext.A7 is in the same Village in which the property in question is situated. According to the learned counsel for the petitioners, the said property is situated within one kilometre from the property of the petitioners. Considering all the said aspects, the court below ought to have considered the market value of the property at least at ₹10,000/- per cent. The whole extent of the property is only 5 cents. A Commission was taken out and the Commissioner has filed Ext.C1 report in which it has been reported that the entire 5 cents of property has become useless. When so much of trees were cut and removed from a small extent of 5 cents, it is evident that the entire property is affected. When a 220 KV overhead power line was drawn, it has to be noted that any structures cannot be put up in the property, and further, no trees can be planted therein. Practically, the said property, as a whole, has become useless. Considering the nature of the line drawn over the property, 40% of the market value can be taken as compensation on account of diminution in land value. When considering all the same, this Court is of the view that the petitioners are entitled to an amount of ₹20,000/- more as compensation on account of diminution in land value. Further, the petitioners are entitled to get interest at the rate of 6% per annum on the said amount from the date on which the trees were cut and removed, till realisation.
In the result, this CRP is allowed and an amount of ₹20,000/- more is granted as compensation on account of diminution in land value, and the petitioners are also granted interest at the rate of 6% per annum on the said amount from the date of cutting of the trees till the date of realisation.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge