Kerala High Court
Pappachan 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. 143 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.107 OF 2014 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II,
REVISION PETITIONER/S:
PAPPACHAN,
AGED 72 YEARS
S/O.ISSAC, PONNIYIL HOUSE, NJARALLOOR 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 -682031.
2 SPECIAL TAHSILDAR (LA),
POWER GRID CORPORATION INDIA LTD., CHEVARAMBALAM,
KOZHIKKODE-673017.
OTHER PRESENT:
SR.GP.V.TEKCHAND
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.851/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.143 & 851 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. 851 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE NO.107 OF
2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH
PARAVUR
REVISION PETITIONER/S:
THE POWER GRID CORPORATION OF INDIA LTD
CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
KAKKANAD, COCHIN-682030
BY ADV ROJO J.THURUTHIPARA
RESPONDENT/S:
1 PAPPACHAN
AGED 72 YEARS
S/O.ISACC, PONNIYIL HOUSE, NJARALLOOR KARA,
PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK-683562
2 SPECIAL TAHSILDAR
(LA), POSER GRID CORPORATION OF INDIA LTD,
CHEVARAMBALAM, KOZHIKODE-17
BY ADVS.
SRI.K.C.ELDHO
SRI.MALLENATHAN.M.
SMT.KRISHNA SANTHOSH
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.143/2019, THE COURT ON 23.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.143 & 851 of 2019
-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.107 of 2014. The original
petition was filed by the revision petitioner in
CRP No.143 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.No.477 of
Pattimattom Village in Kunnathunadu Taluk. The
land was cultivated with various yielding and
CRP Nos.143 & 851 of 2019
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 plantains by
fixing the net income from one plantain as
Rs.400/- and multiplying it with the number of
CRP Nos.143 & 851 of 2019
plantains cut from the claimant's property. For
reckoning the compensation amount, 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, the land value was fixed at
Rs.1,90,000/- 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 11.2 Ares (27.66 cents) is very
fertile land fit for cultivation and
construction of residence. Accordingly, the
claimant was found entitled to compensation of
Rs.34,91,700/- with interest at the rate of 6%
per annum.
CRP Nos.143 & 851 of 2019
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.143 & 851 of 2019
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/
