Kerala High Court
K.P. Jose vs Power Grid Corporation Of India on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
CRP NO. 512 OF 2018
AGAINST THE ORDER/JUDGMENT DATED 28.11.2017 IN OPELE
NO.85 OF 2011 OF ADDITIONAL DISTRICT COURT & MOTOR
ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR
REVISION PETITIONER/S:
K.P. JOSE
AGED 54, S/O.POULOSE, KUTTANAL HOUSE, CHOORAKKAD
KARA, PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK,
ERNAKULAM-683562.
BY ADVS.
SRI.K.C.ELDHO
SRI.ANEESH JAMES
SRI.JIJO THOMAS
SRI.MALLENATHAN.M.
SMT.K.SINDHU ELIAS
RESPONDENT/S:
1 POWER GRID CORPORATION OF INDIA
CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY,
KAKKANAD, COCHIN-682030.
2 SPECIAL TAHSILDAR LA
POWER GRID CORPORATION OF INDIA LTD.,
CHEVARAMBALAM, KOZHIKODE-17.
BY ADV SRI.MILLU DANDAPANI
OTHER PRESENT:
SR.GP.K.PHARISH
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 31.03.2024, ALONG WITH CRP.674/2019, THE COURT
ON 31.05.2024 DELIVERED THE FOLLOWING:
CRP Nos.512/2018 & 674/2019
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
CRP NO. 674 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 28.11.2017 IN OPELE
NO.85 OF 2011 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 K P JOSE
S/O. PAULOSE, KUTTANAL HOUSE, CHOORAKKODE KARA,
PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK-683 545
2 SPECIAL THAHSILDAR
(LA), POWER GRID CORPORATION OF INDIA LTD,
CHEVARAMBALAM, KOZHIKODE-673 001
BY ADVS.
SRI.K.C.ELDHO
SRI.MALLENATHAN.M.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
31.03.2024, ALONG WITH CRP.512/2019, THE COURT ON 31.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.512/2018 & 674/2019
-3-
ORDER
Dated this the 31st day of May, 2024
These revision petitions are filed
challenging the order passed by the Additional
District Judge, North Paravur in O.P.
(Electricity) No.85 of 2011. The original
petition was filed by the revision petitioner in
CRP No.512 of 2018 (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 13.57 Ares comprised in Re-Sy.No.305/8
in Block No.27 of Pattimattom Village in
Kunnathunadu Taluk. The land was cultivated with
CRP Nos.512/2018 & 674/2019
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, only meagre amount was
paid to the claimant 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.K.C.Eldho 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 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
CRP Nos.512/2018 & 674/2019
assessment, the net income was fixed after
deducting the immature falling and expenses. 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 Ext.A2 sale deed as well as Exts.C1 and
C1(f) commission report and plan. On
consideration of the evidence on record, and in
view of the fact that the petition schedule
property was not having any motorable pathway
access, the land value was fixed at Rs.1,20,000/-
per cent and awarded 50% of the land value as
compensation for the affected area admeasuring
13.57 Ares (33.52 cents) ie; the entire petition
schedule property. Accordingly, the claimant was
found entitled to compensation of Rs.20,88,300/-
CRP Nos.512/2018 & 674/2019
with interest at the rate of 8% per annum.
5. On careful scrutiny of the impugned
order, it is seen that the compensation payable
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
CRP Nos.512/2018 & 674/2019
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 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 claimant on
his filing appropriate application.
Sd/-
V.G.ARUN
JUDGE
Scl/
