Priya Mukundakumar vs Power Grid Corporation India Ltd

Kerala High Court

Priya Mukundakumar vs Power Grid Corporation India Ltd on 23 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        CRP NO. 135 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE NO.138 OF
    2014 OF ADDITIONAL DISTRICT COURT - II, NORTH PARAVUR
REVISION PETITIONER/S:

    1       PRIYA MUKUNDAKUMAR,
            AGED 39 YEARS
            W/O. MUKUNDAKUMAR, VALETHU HOUSE, KAITHAKKADU KARA,
            PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK.
    2       SURENDRAN,
            AGED 55 YEARS
            S/O. KUTTAPPAN, PARAMMEL HOUSE, KAITHAKKADU KARA,
            PATTIMATTOM VILLAGE,KUNNATHUNADU TALUK.
            BY ADV P.C.HARIDAS


RESPONDENT/S:

    1       POWER GRID CORPORATION INDIA LTD.,
            CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
            KAKKANAD COCHIN -682 030.
    2       SPECIAL TAHSILDAR (LA),
            POWER GRID CORPORATION INDIA LTD, CHEVARAMBALAM,
            KOZHIKKODE -17.
            BY ADV SRI.MILLU DANDAPANI


OTHER PRESENT:

            SR.GP.K.P.HARISH; SR.GP.V.TEKCHAND


        THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.704/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
 CRP Nos.135 & 704 of 2019

                                 -2-




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         CRP NO. 704 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE NO.138 OF
2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH
PARAVUR / I ADDITIONAL MACT, NORTH PARAVUR
REVISION PETITIONER/S:

             THE POWER GRID CORPORATION OF INDIA LTD
             CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
             KAKKANAD, COCHIN 682 030
             BY ADV ROJO J.THURUTHIPARA


RESPONDENT/S:

     1       PRIYAMUKUNDAKUMAR
             AGED 40 YEARS
             W/O. MUKUNDAKUMAR, VAKETHU HOUSE, KAITHAKKADU KARA,
             PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, PIN 683545
     2       SURENDRAN,
             AGED 60 YEARS
             S/O. KUTTAPPAN, PARAMMEL HOUSE, KAITHAKKADU KARA,
             PATTIATTAM VILLAGE, KUNNATHUNAD TALUK, PIN 683562
     3       SPECIAL THASILDHAR (LA),
             POWER GRID CORPORATION OF INDIA LTD, CHEVARAMBALAM,
             KOZHIKODE 673 017
             BY ADVS.
             SRI.P.C.HARIDAS
             SRI.V.S.SURESH


         THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.135/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
 CRP Nos.135 & 704 of 2019

                            -3-
 CRP Nos.135 & 704 of 2019

                            -4-
 CRP Nos.135 & 704 of 2019

                                   -5-




                                 ORDER

Dated this the 23rd day of May, 2024 These revision petitions are filed challenging the order passed by the Additional District Judge-II, North Paravur in O.P. (Electricity) No.138 of 2014. The original petition was filed by the revision petitioners in CRP No.135 of 2019 (hereinafter called 'the claimants'), being dissatisfied with the compensation awarded towards the damage and loss sustained due to the drawing of 400 KV lines across their property by the Power Grid Corporation of India Ltd (hereinafter called 'the Corporation'). The essential facts are as under;

In order to facilitate drawing of 400 KV electric lines for the smooth transmission of power, large number of trees were cut from the petition schedule property. According to the CRP Nos.135 & 704 of 2019 -6- claimants, the land was cultivated with various yielding and non-yielding trees. The drawing of high tension lines rendered the land underneath and adjacent to the lines useless, resulting in diminution of the value of the property. In spite of the huge loss suffered by the claimants, only meagre amount was paid towards value of the trees cut and no amount was paid to compensate the diminution of land value. Hence, the original petition was filed, seeking enhanced compensation towards the value of trees cut and diminution of land value.

2. Heard Adv.P.C.Haridas for the claimants and Adv.Millu Dandapani for the Corporation.

3. A perusal of the impugned order shows that the court below has assessed the loss sustained due to cutting of yielding coco palm by assessing the average number of nuts per year and multiplying it with the value of one coconut after deducting the expenses. Likewise, the loss CRP Nos.135 & 704 of 2019 -7- sustained due to cutting of areca palm was assessed by reckoning the total yield from each palm, the weight of nuts after drying and the price of dried nuts. Based on such assessment, the net income was assessed after deducting the expenses. Similar method was also adopted for calculating the loss sustained due to the cutting of yielding mango tree. For reckoning the compensation amount payable, 8 was taken as the multiplier. Being so, this Court finds the procedure adopted by the court below to be just and proper.

4. A perusal of the impugned order shows that, for the purpose of fixing the compensation towards diminution in land value, the court below relied on Exts.A1 to A4 assignment deeds and Ext.A13 commission report. Based on these factors and taking into account the fact that the petition schedule property lies adjacent to main roads, the land value was fixed at Rs.2,10,000/- CRP Nos.135 & 704 of 2019 -8- per cent. The court below awarded 50% of the land value thus fixed as compensation, in view of the fact that the affected area admeasuring 1.21 Ares (2.98 cents) is very fertile land fit for cultivation and construction of residence. Accordingly, the claimant was found entitled to compensation of Rs.3,69,700/- with interest at the rate of 6% per annum.

5. The contention of the Corporation that the Government having issued guidelines for fixation of the land value, the court below ought to have fixed the value in accordance with the same is liable to be rejected since the court is not bound by the guidelines/orders issued by the Government while fixing the compensation. The contention that the court below committed an illegality by awarding interest at the rate of 6% per annum being without merit, is also liable to be rejected. As such, I find no reason to interfere with the well considered order of the CRP Nos.135 & 704 of 2019 -9- court below, rendered after taking all relevant factors into consideration.

For the aforementioned reasons, the civil revision petitions filed by the claimants as well as the Corporation are dismissed. The enhanced compensation fixed by the court below shall be paid within three months of receipt of a copy of this order. If any amount is deposited pursuant to the order of this Court or otherwise, the same shall forthwith be released to the claimants on their filing appropriate application.

Sd/-

V.G.ARUN JUDGE Scl/