Kerala High Court
Kochu Narayanan Nair @ Narayanan Nair ... 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. 134 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.135 OF 2014 OF
ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/S:
1 KOCHU NARAYANAN NAIR @ NARAYANAN NAIR (DIED)
AGED 74 YEARS
S/O. NARAYANAN NAIR, THENGAL HOUSE, KUMMANODU KARA,
PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK.
2 PRADEEP T.N
S/O. LATE KOCHUNARAYANA NAIR, AGED 44 YEARS,
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.-683562
3 PREETHA
D/O. LATE KOCHUNARAYANA NAIR, AGED 46 YEARS,
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.-683562
4 PRIYA
D/O. LATE KOCHUNARAYANA NAIR, AGED 41 YEARS
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.-683562
5 AMMINI
W/O. LATE KOCHUNARAYANA NAIR, AGED 70 YEARS
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.-683562
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
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.118/2020, THE COURT ON 23.05.2024,
DELIVERED THE FOLLOWING:
CRP Nos.134/2019 & 118 of 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. 118 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 25.10.2018 IN OPELE NO.135 OF
2014 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/S:
POWER GRID CORPORATION OF INDA LIMITED
CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
KAKKANAD, COCHIN-682030.
BY ADVS.
ROJO J.THURUTHIPARA
ROJO JOSEPH
SMT.SUMATHY DANDAPANI,SENIOR PANEL COUNSEL(CG-49)
S.SREEKUMAR (SR.)(S-571)
RESPONDENT/S:
1 KOCHUNARAYANAN NAIR @ NARAYANAN NAIR (DIED)
S/O.NARAYANAN NAIR, THENGANAL HOUSE, KUMMANODU KARA,
PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK-683562.
2 SPECIAL THASILDHAR, (LA)
POWER GRID CORPORATION OF INDIA LTD., CHEVARAMBALAM,
KOZHIKODE-673017.
3 AMMINI
W/O. LATE KOCHUNARAYANA NAIR, AGED 70 YEARS
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.-
4 PRADEEP T.N
S/O. LATE KOCHUNARAYANA NAIR, AGED 44 YEARS,
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST
5 PREETHA
/O. LATE KOCHUNARAYANA NAIR, AGED 46 YEARS,
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.
6 PRIYA
/O. LATE KOCHUNARAYANA NAIR, AGED 41 YEARS
THENGANAL, KUMMANODE KARA, PATTIMATTOM VILLAGE,
CRP Nos.134/2019 & 118 of 2020
-3-
KUNNATHUNADU TALUK, ERNAKULAM DIST
BY ADVS.
P.C.HARIDAS
SURESH V.S.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
14.03.2024, ALONG WITH CRP.134/2019, THE COURT ON 23.05.2024,
DELIVERED THE FOLLOWING:
CRP Nos.134/2019 & 118 of 2020
-4-
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.135 of 2014. The original
petition was filed by the revision petitioner in
CRP No.134 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 50 cents in Pattimattom Village in
Kunnathunadu Taluk. The land was cultivated with
various yielding and non-yielding trees. In order
CRP Nos.134/2019 & 118 of 2020
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 calculated the loss
sustained due to cutting of yielding rubber trees
based on an assessment that 20 kilograms of latex
can be obtained from a rubber tree per year and
CRP Nos.134/2019 & 118 of 2020
multiplying it with the price of one kilogram
after deducting expenses. Likewise, the loss
sustained due to cutting of pepper vines was
assessed by reckoning the total yield of pepper
weighed in kilogram from each pepper vine and
multiplying it with the value of one kilogram.
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 tamarind and mango. 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
CRP Nos.134/2019 & 118 of 2020
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 as
compensation, in view of the fact that the
affected area admeasuring 2.4 Ares (5.9 cents) is
very fertile land fit for cultivation and
construction of residence. Accordingly, the
claimant was found entitled to compensation of
Rs.11,15,300/- 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
CRP Nos.134/2019 & 118 of 2020
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
to the order of this Court or otherwise, the same
shall forthwith be released to the legal heirs of
deceased claimant on their filing appropriate
application.
Sd/-
V.G.ARUN
JUDGE
Scl/
