The Power Grid Corporation Of India Ltd vs Nissy Cherian
2024 Latest Caselaw 15761 Ker

Kerala High Court

The Power Grid Corporation Of India Ltd vs Nissy Cherian on 6 June, 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 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                    CRP NO. 871 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.253 OF 2013
        OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/S:

          THE POWER GRID CORPORATION OF INDIA LTD.,
          REPRESENTED BY ITS CHAIRMAN AND MANAGING
          DIRECTOR, B-9 QUTAB INSTITUTIONAL AREA,
          KATWARIA, SARAI, NEW DELHI-110016.
          BY ADV ANJANA KANNATH


RESPONDENT/S:

    1     NISSY CHERIAN,
          W/O.CHERIAN, THEKKEKKARA HOUSE, MOOLAPPARA,
          CHULLI(PO), AYYAMPUZHA VILLAGE, ALUVA TLAUK-
          683581.
    2     SPECIAL THAHZILDAR (LA),
          THE POWER GRID CORPORATION OF INDIA LTD.,
          CHEVARAMBALAM, KOZHIKODE-673017.
OTHER PRESENT:

          SR.PP.V.TEKCHAND

THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
21.05.2024, THE COURT ON 06.06.2024 DELIVERED THE
FOLLOWING:
 CRP No.871 of 2019

                                 -2-



                            ORDER

Dated this the 06th day of June, 2024

The revision petitioner, Power Grid

Corporation of India Ltd ('the Corporation' for

short), is aggrieved by the enhanced compensation

ordered to be paid to the first respondent ('the

claimant' for short), consequent upon the drawing

of 400 KV electric lines across her property by

the Corporation. The essential facts are as

under;

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,

only meagre amount was paid to the claimant as

compensation for the loss sustained. Hence, the

original petition was filed, seeking enhanced

compensation towards the value of trees cut and

diminution of land value.

2. Heard Adv.Millu Dandapani for the

Corporation and Adv.P.T.Jose for the claimant.

3. A perusal of the impugned order shows

that the court below has assessed the loss

sustained due to cutting of yielding coconut

palms by assessing the average number of nuts per

year and multiplying it with the value of one

coconut after deducting the immature falling and

expenses. Likewise, the loss sustained due to

cutting of yielding 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 fixed after deducting the immature

falling and expenses. For reckoning the

compensation amount payable, 8 was taken as the

multiplier. Further, the court below enhanced

the compensation for cutting of timber trees to

Rs.2,000/-, as against Rs.1,000/- assessed by the

Commissioner and the compensation for cutting of

coconut saplings was enhanced to Rs.3,000/-, as

against Rs.2,000/-. Accordingly, the claimant was

found entitled to compensation of Rs.23,200/-

with interest at the rate of 8% per annum. Being

so, this Court finds the procedure adopted by the

court below to be just and proper.

4. On careful scrutiny of the impugned

order, it is seen that the compensation payable

towards value of trees cut was fixed based on the

facts and circumstances of the case and by

applying 8 as the multiplier, as laid down by the

Apex Court in KSEB v. Livisha [(2007) 6 SCC 792].

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 petition is dismissed.

Sd/-

V.G.ARUN JUDGE Scl/