MALANKARA RUBBER AND PRODUCE CO LTD Vs. STATE OF KERALA
HIGH COURT OF KERALA
MALANKARA RUBBER AND PRODUCE CO. LTD.
STATE OF KERALA
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(1.) As far as the trees cut and removed are concerned, we are satisfied that adequate compensation has been awarded by the lower court, and the claim of the petitioner for enhancement of such compensation is not sustainable and is hereby repelled.
(2.) But learned counsel for the petitioner has contended that by the erection of the transmission towers, and of electric posts and by the stringing of electric wires, there has been a diminution in the value of the lands, over which these have been done, the total area of the lands so affected being 10 acres 3 cents in CRP. 575 and 1 1/2 acre in CRP. 574. We are of the opinion that if there has a diminution in the market value of the land, in consequence, the petitioner have to be compensated. The court below has not considered the claim of the petitioner from this stand-point. We therefore reopen the order under revision to the extent concerned by this claim and send back the case to the lower court for investigation and decision, as to whether fa) there has been a diminution in the market value of the lauds aforesaid in consequence of the above acts of the respondent and if so (b) what is the quantum of such diminution and of the compensation which may be allowed to the petitioner on that account.
(3.) Subject to the above, CRPs. are dismissed, but without costs.;
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