Kerala High Court

Abdul Khadhar vs Power Grid Corporation Of India Ltd on 11 April, 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 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                      CRP NO. 473 OF 2019
 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.84 OF 2014 OF
        DISTRICT COURT & SESSIONS COURT,KOZHIKODE
REVISION PETITIONER/S:

            ABDUL KHADAR
            AGED 41 YEARS
            S/O. POTHATTIL ABDURAHIMAN MUSLIYAR POTHATTIL
            HOUSE P.O. PURUMPALLI, ENGAPUZHA VILLAGE
            KOZHIKODE. REPRESENTED BY POWER OF ATTORNEY
            HOLDER, ABOOBACKER, S/O. AHAMMED KUTTY HAJI,
            RESIDING AT KAKKATTUMMAL HOUSE, P.O.,
            KATTIPPARA, THAMARASSERY KOZHIKODE 673 615.
            BY ADVS.
            AVM.SALAHUDIN
            SMT.EMIL STANLEY
            SMT.APARNA UDAYAKUMAR
            SMT.A.D.DIVYA


RESPONDENT/S:

            POWER GRID CORPORATION OF INDIA LTD
            REPRESENTED BY DEPUTY GENERAL MANGER, SOUTHERN
            REGION, AREEKODE P.O., UGRAPURAM KOZHIKODE 673
            639.
            BY ADV SRI.MILLU DANDAPANI


     THIS    CIVIL   REVISION   PETITION   HAVING   BEEN   FINALLY
HEARD ON 07.02.2024, ALONG WITH CRP.512/2019, 511/2019
AND CONNECTED CASES, THE COURT ON 11.04.2024 DELIVERED
THE FOLLOWING:
 CRP Nos.473, 511, 512 & 513/2019

                                   -2-




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       CRP NO. 512 OF 2019
 AGAINST THE ORDER/JUDGMENT DATED 15.12.2015 IN OP NO.87
     OF 2014 OF ADDITIONAL DISTRICT COURT, KOZHIKODE
REVISION PETITIONER/S:

             ABDUL KHADHAR
             AGED 41 YEARS
             S/O.POTHATTIL ABDURAHIMAN MUSLIYAR, POTHATTIL
             HOUSE, P.O.PURUMPALLI, ENGAPUZHA VILALGE,
             KOZHIKODE. REPRESENTED BY POWER OF ATTORNEY
             HOLDER, ABOOBACKER, S/O.AHAMMED KUTTY HAJI,
             RESIDING AT KAKKATTUMMAL HOUSE P.O., KATTIPPARA,
             THAMARASSERY, KOZHIKODE-673 615.
             BY ADVS.
             AVM.SALAHUDIN
             SMT.A.D.DIVYA
             SMT.EMIL STANLEY


RESPONDENT/S:

             POWER GRID CORPORATION OF INDIA LIMITED
             REPRESENTED BY DEPUTY GENERAL MANAGER, SOUTHERN
             REGION, AREEKODE, P.O.UGRAPURAM, KOZHIKODE-673
             639.
      THIS    CIVIL   REVISION     PETITION   HAVING   BEEN   FINALLY
HEARD ON 07.02.2024, ALONG WITH CRP.512/2019, 511/2019
AND CONNECTED CASES, THE COURT ON 11.04.2024 DELIVERED
THE FOLLOWING:
 CRP Nos.473, 511, 512 & 513/2019

                                    -3-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                         CRP NO. 511 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 15.12.2015 IN OP NO.85
OF 2014 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE
REVISION PETITIONER/S:

               ABDUL KHADHAR,
               AGED 41 YEARS
               S/O. POTHATTIL ABDURAHIMAN MUSLIYAR, POTHATTIL
               HOUSE P.O., PURUMPALLI, ENGAPUZHA VILLAGE,
               KOZHIKODE. REPRESENTED BY POWER OF ATTORNEY
               HOLDER, ABOOBACKER, S/O. AHAMMED KUTTY HAJI,
               RESIDING AT KAKKATTUMMAL HOUSE, P.O.,
               KATTIPPARA, THAMARASSERY KOZHIKODE 673 615.
               BY ADVS.
               AVM.SALAHUDIN
               SMT.A.D.DIVYA
               EMIL STANLEY


RESPONDENT/S:

               POWER GRID CORPORATION OF INDIA LTD,
               REPRESENTED BY DEPUTY GENERAL MANGER, SOUTHERN
               REGION, AREEKODE P.O., UGRAPURAM, KOZHIKODE 673
               639.
        THIS    CIVIL   REVISION    PETITION   HAVING   BEEN   FINALLY
HEARD     ON     07.02.2024,       ALONG   WITH   CRP.473/2019    AND
CONNECTED CASES, THE COURT ON 11.04.2024 DELIVERED THE
FOLLOWING:
 CRP Nos.473, 511, 512 & 513/2019

                                   -4-




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       CRP NO. 513 OF 2019
 AGAINST THE ORDER/JUDGMENT DATED 15.12.2015 IN OP NO.86
     OF 2014 OF ADDITIONAL DISTRICT COURT, KOZHIKODE
REVISION PETITIONER/S:

           ABDUL KHADHAR
           AGED 41 YEARS
           S/O.POTHATTIL ABDUYRAHIMAN MUSLIYAR, POTHATTIL
           HOUSE, P.O.PURUMPALLI, ENGAPUZHA VILLAGE,
           KOZHIKODE. REPRESENTED BY POWER OF ATTORNEY
           HOLDER, ABOOBACKER, S/O.AHAMMED KUTTY HAJHI,
           RESIDING AT KAKKATTUMMAL HOUSE, P.O.KATTIPPARA,
           THAMARASSERY, KOZHIKODE-673 615.
           BY ADVS.
           AVM.SALAHUDIN
           SMT.A.D.DIVYA
           SMT.EMIL STANLEY


RESPONDENT/S:

           POWER GRID CORPORATION OF INDIA LTD.
           REPRESENTED BY DEPUTY GENERAL MANAGER, SOUTHERN
           REGION, AREEKODE, P.O.UGRAPURAM, KOZHIKODE-673
           639.
      THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
07.02.2024, ALONG WITH CRP.473/2019 AND CONNECTED CASES, THE
COURT ON 11.04.2024 DELIVERED THE FOLLOWING:
 CRP Nos.473, 511, 512 & 513/2019

                                   -5-



                               ORDER

Dated this the 11th day of April, 2024

These revision petitions are filed

challenging the common order passed by the

Additional District Judge-I, Kozhikode in O.P.

(Electricity) Nos.84 to 87 of 2014. The original

petitions were filed by the revision petitioner

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;

The petitioner is in ownership and possession

of 2.48 Acres of land comprised in Puthuppady

Village of Kozhikode Taluk. The land was

cultivated with various yielding and non-yielding

trees. According to the petitioner, to facilitate

drawing of the lines and smooth transmission of CRP Nos.473, 511, 512 & 513/2019

power by the Corporation, large number of trees

were cut from his 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 land. In spite of

the huge loss suffered by the petitioner, only

meager amount was paid as compensation towards

the value of trees cut and no compensation was

granted for diminution in land value. Hence, the

original petitions were filed, seeking enhanced

compensation under both heads.

2. Even though the court below awarded

enhanced compensation for the loss sustained due

to the cutting of trees as well as diminution in

land value, the petitioner being not satisfied

with the quantum of enhancement has filed these

revision petitions.

3. Heard Adv.A.V.M.Salahuddeen for the

petitioner and Adv.Millu Dandapani for the

Corporation.

4. Learned Counsel for the petitioner CRP Nos.473, 511, 512 & 513/2019

contended that the court below committed gross

illegality in fixing the land value at

Rs.30,000/- per cent and granting only 10% of the

land value as compensation for diminution of land

value. It is contended that in spite of the

Advocate Commissioner having reported the land

value to be Rs.70,000/- per cent, the court below

unilaterally fixed the land value at Rs.30,000/-

based on guess work. Relying on the decision in

KSEB v. Livisha [(2007) 6 SCC 792], it is

contended that, the court below ought to have

considered relevant factors like situs of the

land, distance between the high voltage

electricity line laid thereover, the extent of

the line thereon etc. for fixing the

compensation. As none of these factors were taken

into consideration, the impugned common order is

liable to be interfered with.

5. Learned Counsel for the Corporation

contended that, compensation towards diminution

in land value granted is reasonable and in the CRP Nos.473, 511, 512 & 513/2019

absence of material evidence, court had no option

but to fix the land value based on the guess

work. Hence, the order warrants no interference.

6. As far as the claim for diminution of

land value in cases of this nature is concerned,

the factors to be taken into consideration, as

laid down in Livisha (supra) are as under;

"10. The situs of the land, the distance between the high voltage electricity line laid thereover, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small tract of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used."

On careful scrutiny of the impugned order, it is

seen that the land value is fixed based only on

guess work. It is true that even the petitioner

did not enter the box and apart from CRP Nos.473, 511, 512 & 513/2019

Commissioner's report, there is no material to

substantiate the claim for compensation towards

diminution of land value. Even if so, the fact

that 99.60 cents of the petitioner's land was

affected by the drawing of high tension lines and

the lines cut across the petitioner's property,

thereby affecting its utility substantially ought

to have been taken into consideration. No doubt,