Kerala High Court
The Power Grid Corporation Of India Ltd vs Santhosh 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. 562 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.170 OF 2012
OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/S:
SANTHOSH
AGED 42, SA/O. RAMAN, OMAKUDY HOUSE, VENGOLA
KARA,ARAKKAPPADY VILLAGE, KUNNATHUNAD TALUK.
BY ADVS.
SRI.S.RENJITH
SRI.K.R.PRATHISH
RESPONDENT/S:
1 POWER GRID CORPORATION OF INDIA LTD.
CONSTRUCTION AREA OFFICE, MAVELIPURAM
COLONY,KAKKANAD, COCHIN 682 030, REP BY ITS
MANAGING DIRECTOR
2 SPECIAL TAHSILDAR
(LA), POWER GRID CORPORATION OF INDIA
LTD,CHEVARAMBALAM, KOZHIKODE-17
OTHER PRESENT:
SR.GP.K.PHARISH; SR.GP.V.TEKCHAND
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 21.05.2024, ALONG WITH CRP.667/2019, THE COURT
ON 31.05.2024 DELIVERED THE FOLLOWING:
CRP Nos.562/2018 & 667/2019
-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. 667 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 14.12.2017 IN OPELE
NO.170 OF 2012 OF ADDITIONAL DISTRICT COURT, 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 SANTHOSH
AGED 48 YEARS
S/O.RAMAN, OMAKUY HOUSE, VENGOLA KARA,
ARACKKAPPADY VILLAGE, KUNNATHUNAD TALUK,
KUNNATHUNAD.P.O-683545
2 SPECIAL THASILDHAR
(LA), POWER GRID, CORPORATION OF INDIA LTD,
CHEVARAMBALAM, KOZHIKODE-673017
BY ADVS.
S.RENJITH (K/659/2004.)-20925
P.K.SREEVALSAKRISHNAN
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
21.05.2024, ALONG WITH CRP.562/2018, THE COURT ON 31.05.2024
DELIVERED THE FOLLOWING:
CRP Nos.562/2018 & 667/2019
-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.170 of 2012. The original
petition was filed by the revision petitioner in
CRP No.562 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 19.84 Ares. The land was cultivated
with various yielding and non-yielding trees. In
order to facilitate drawing of lines for the
CRP Nos.562/2018 & 667/2019
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.S.Renjith 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 total number of nuts per
year and multiplying it with the price of one
coconut after deducting the immature falling and
expenses. Likewise, the loss sustained due to
CRP Nos.562/2018 & 667/2019
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 assessment, the net
income was fixed after deducting immature falling
and expenses. For reckoning the compensation
amount payable, 8 was taken as the multiplier.
Further, the court below fixed the compensation
for cutting of other trees at Rs.2,000/-. 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 sketch. It was found
that the petition schedule property is a partly
converted land. Based on these factors and on
consideration of the potentiality of the property
as reported by the Commissioner, the land value
CRP Nos.562/2018 & 667/2019
was fixed at Rs.1,00,000/- per cent and awarded
25% of the land value as compensation for the
affected area admeasuring 14.54 Ares (35.91
cents). Taking note of the fact that an extent of
2.33 Ares (5.76 cents) was covered by the tower,
the court below granted 100% of the land value to
the claimant. Thus, the claimant was found
entitled to compensation of Rs.15,56,500/- with
interest at the rate of 8% per annum.
5. On careful scrutiny of the impugned
order, it is seen that the compensation due
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
25% of the land value as compensation for the
land affected due to the drawing of electric
CRP Nos.562/2018 & 667/2019
lines and 100% of the land value for the extent
covered by the tower.
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
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
CRP Nos.562/2018 & 667/2019
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/
