Kerala High Court
Maniyan 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. 138 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE
NO.134 OF 2014 OF ADDITIONAL DISTRICT COURT, NORTH
PARAVUR
REVISION PETITIONER/S:
MANIYAN,
AGED 60 YEARS
S/O. AZHAKAN, MADATHIKUDIYIL HOUSE, KUNNATHUNADU
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.114/2020, THE COURT
ON 23.05.2024 DELIVERED THE FOLLOWING:
CRP Nos.138/2019 & 114/2020
-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. 114 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE
NO.134 OF 2014 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 ADV ROJO J.THURUTHIPARA
RESPONDENT/S:
1 MANIYAN
AGED 61 YEARS
S/O. AZHAKAN, MADATHIKKUDIYIL HOUSE, KUMMANODU
KARA, PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK
2 SPECIAL THASILDAR (LA)
POWER GRID CORPORATION OF INDIA LTD
CHEVARAMBALAM, KOZHIKODE-17
BY ADVS.
SRI.P.C.HARIDAS
SHRI.SURESH V.S.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.138/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.138/2019 & 114/2020
-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.134 of 2014. The original
petition was filed by the revision petitioner in
CRP No.138 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.Nos.437/17 &
445/13 in Block No.27 of Pattimattom Village in
Kunnathunadu Taluk. The land was cultivated with
CRP Nos.138/2019 & 114/2020
various yielding and 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 coconut
palms by assessing the average number of nuts per
CRP Nos.138/2019 & 114/2020
year and multiplying it with the value of one
coconut after deducting the expenses. Likewise,
the loss 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 fixed after
deducting the expenses. Similar method was
adopted for calculating the loss sustained due to
the cutting of other yielding trees like nutmug,
coco palm, Malabar tamarind, mango, jack trees
and pepper vines. It was also found that there
were 8 clusters of bamboo in the petition
schedule property, for which the Corporation had
already paid compensation. The court below
enhanced the compensation under that head, based
on the reasoning that over a period of eight
years, another similar cluster would have been
ripened for cutting. For reckoning, the
compensation amount payable, 8 was taken as the
CRP Nos.138/2019 & 114/2020
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 is having direct
Panchayath road access on south, the land value
was fixed at Rs.1,90,000/- per cent. The court
below awarded 50% of the land value thus fixed
compensation, in view of the fact that the
affected area admeasuring 6.78 Ares (16.74 cents)
is very fertile land fit for cultivation and
construction of residence. Accordingly, the
claimant was found entitled to compensation of
Rs.20,69,500/- with interest at the rate of 6%
per annum.
CRP Nos.138/2019 & 114/2020
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.138/2019 & 114/2020
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/
