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Kerala High Court
Pappachan 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. 143 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.107 OF 2014 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II,
REVISION PETITIONER/S:
PAPPACHAN,
AGED 72 YEARS
S/O.ISSAC, PONNIYIL HOUSE, NJARALLOOR 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 -682031.
2 SPECIAL TAHSILDAR (LA),
POWER GRID CORPORATION INDIA LTD., CHEVARAMBALAM,
KOZHIKKODE-673017.
OTHER PRESENT:
SR.GP.V.TEKCHAND
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.851/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.143 & 851 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. 851 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE NO.107 OF
2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH
PARAVUR
REVISION PETITIONER/S:
THE POWER GRID CORPORATION OF INDIA LTD
CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
KAKKANAD, COCHIN-682030
BY ADV ROJO J.THURUTHIPARA
RESPONDENT/S:
1 PAPPACHAN
AGED 72 YEARS
S/O.ISACC, PONNIYIL HOUSE, NJARALLOOR KARA,
PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK-683562
2 SPECIAL TAHSILDAR
(LA), POSER GRID CORPORATION OF INDIA LTD,
CHEVARAMBALAM, KOZHIKODE-17
BY ADVS.
SRI.K.C.ELDHO
SRI.MALLENATHAN.M.
SMT.KRISHNA SANTHOSH
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.143/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.143 & 851 of 2019
-3-
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.107 of 2014. The original petition was filed by the revision petitioner in CRP No.143 of 2019 (hereinafter called 'the claimant'), being dissatisfied with the compensation awarded towards the damage and loss sustained due to the drawing of 400 KV lines across his property by the Power Grid Corporation of India Ltd (hereinafter called 'the Corporation'). The essential facts are as under;
According to the claimant, he is in ownership and possession of landed property having an extent of 25 Ares comprised in Re-Sy.No.477 of Pattimattom Village in Kunnathunadu Taluk. The land was cultivated with various yielding and CRP Nos.143 & 851 of 2019 -4- non-yielding trees. In order to facilitate drawing of lines for the smooth transmission of power, large number of trees were cut from the claimant's property. 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 claimant, 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 claimant 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 plantains by fixing the net income from one plantain as Rs.400/- and multiplying it with the number of CRP Nos.143 & 851 of 2019 -5- plantains cut from the claimant's property. For reckoning the compensation amount, 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, the land value was fixed at Rs.1,90,000/- 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 11.2 Ares (27.66 cents) is very fertile land fit for cultivation and construction of residence. Accordingly, the claimant was found entitled to compensation of Rs.34,91,700/- with interest at the rate of 6% per annum.
CRP Nos.143 & 851 of 2019 -6-
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 court below, rendered after taking all relevant factors into consideration.
For the aforementioned reasons, the civil revision petitions filed by the claimant 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 CRP Nos.143 & 851 of 2019 -7- to the order of this Court or otherwise, the same shall forthwith be released to the claimant on his filing appropriate application.
Sd/-
V.G.ARUN JUDGE Scl/