The Power Grid Corporation Of India Ltd vs Anthoni
2024 Latest Caselaw 15914 Ker

Kerala High Court

The Power Grid Corporation Of India Ltd vs Anthoni 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. 693 OF 2019

 AGAINST THE ORDER/JUDGMENT DATED 13.04.2018 IN OPELE NO.206 OF

          2013 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR

REVISION PETITIONER/S:

            THE POWER GRID CORPORATION OF INDIA LTD.,
            CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
            KAKKANAD, COCHIN-682 030
            BY ADVS.
            ROJO J.THURUTHIPARA
            ROJO JOSEPH
            SMT.SUMATHY DANDAPANI,SENIOR PANEL COUNSEL(CG-49)
            S.SREEKUMAR (SR.)(S-571)


RESPONDENT/S:

    1       ANTHONI
            S/O. VAREETH, KILLILAN HOUSE, NEELEESWARAM P.O,
            NADUVATTOM, NADUVATTOM KARA, MALAYATTOOR VILLAGE-683
            573
    2       ANNAMKUTTY,
            W/O. ANTHONI, KILLILAN HOUSE, NEELEESWARAM P.O,
            NADUVATTOM, NADUVATTOM KARA, MALAYATTOOR VILLAGE-683
            574
    3       SPECIAL THASILDHAR, (LA)
            POWER GRID CORPORATION OF INDIA LTD, CHEVARAMBALAM,
            KOZHIKODE-673 001
            BY ADV RAJESH VIJAYAN


OTHER PRESENT:

            SR.GP.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.693 of 2019

                              -2-



                            ORDER

Dated this the 6th 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 respondents 1 and 2 ('the

claimants' for short), consequent upon the

drawing of 400 KV electric lines across their

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 claimants' 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 claimants 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.Rajesh Vijayan for the

claimants.

3. A perusal of the impugned order shows

that the court below has assessed the loss

sustained due to cutting of yielding areca palm

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. Likewise, the loss

sustained due to cutting of yielding coconut

palms was calculated 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. Similar method was

adopted for calculating the loss sustained due to

the cutting of nutmeg tree and banana plantains.

For reckoning the compensation amount payable, 8

was taken as the multiplier. Further, the court

below fixed the compensation for cutting of

coconut saplings at Rs.1,000/- and timber trees

at Rs.10,000/-. 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

referred to Exts.C1 and C1(g) commission report

and plan. The Advocate Commissioner had reported

that the petition schedule property has proper

road access. On consideration of the evidence on

record, the land value was fixed at Rs.60,000/-

per cent and awarded 50% of the land value thus

fixed as compensation for the affected

area admeasuring 2.41 Ares (5.952 cents).

Accordingly, the claimants were found entitled to

compensation of Rs.5,16,000/- with interest at

the rate of 8% per annum.

5. On careful scrutiny of the impugned

order, it is seen that the compensation due

towards diminution in land value was fixed based

on factors like situs of the land, the extent to

which the land is adversely affected and

consequent diminution in the value of the land,

as laid down by the Apex Court in KSEB v. Livisha

[(2007) 6 SCC 792]. Similarly, the discretion

vested with the court was properly exercised by

awarding 50% of the land value as compensation

for the land affected due to the drawing of

electric lines.

6. 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 8%

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 petition is dismissed.

Sd/-

V.G.ARUN JUDGE Scl/