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
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
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
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
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/
