Kerala High Court
Power Grid Corporation Of India Ltd vs N.K.Velayudhan on 7 November, 2024
2024:KER:85829
CRP Nos.157/2019, 440/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRP NO. 157 OF 2019
AGAINST THE ORDER DATED 24.11.2016 IN OP(ELE) NO.75 OF 2011 OF
ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONERS/PETITIONERS:
1 VELAYUDHAN.N.K
AGED 53 YEARS
S/O. KURUMBAN, MOONELIMUKAL HOUSE,
PUNNOORKODE KARA, PAZHAMTHOTTAM P.O., KUNNATHUNADU
TALUK,, ERNAKULAM DISTRICT.
2 ECHU VELAYUDHAN
AGED 49 YEARS
W/O. VELAYUDHAN, MOONELIMUKAL HOUSE, PUNNOORKODE
KARA, PAZHAMTHOTTAM P.O., KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
JOHN JOSEPH(ROY)
SRI.JOHNSON THOMAS
RESPONDENTS/RESPONDENTS:
1 THE POWERGRID CORPORATION OF INDIA LTD
REPRESENTED BY ITS CHAIRMAN AND MANGING DIRECTOR ,
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CRP Nos.157/2019, 440/2018
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B-9, QUTAB INSTITUTIONAL AREA, KATWARIASARI, NEW DELHI
111 016.
2 UNION OF INDIA
REPRESENTED BY THE SECRETARY . MINISTRY OF ENERGY ,
DEPARTMENT OF POWER, CENTRAL SECRETARIAT,
NEW DELHI 110 001.
3 THE SECRETARY TO GOVENRMENT OF KERALA,
MINISTRY OF ENERGY, DEPARTMENT OF POWER, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
4 THE SEPCIAL TAHSILDAR (L.A),
POWER GRID CORPORATION OF INDIA LTD., CHEVARAMBALAM
KOZHIKODE, KERALA, 673 017.
OTHER PRESENT:
SC SRI . MILLU DANDAPANI, GP SRI. T. JAYAN, SRI. SUVIN
R.MENON CGC
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
07.11.2024, ALONG WITH CRP.440/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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CRP Nos.157/2019, 440/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRP NO. 440 OF 2018
AGAINST THE ORDER DATED 24.11.2016 IN OP(ELE) NO.75 OF 2011 OF
ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/1ST RESPONDENT:
POWER GRID CORPORATION OF INDIA LTD.
B-9 QUTAB INSTITUTIONAL AREA, KATWARIASARAI, NEW
DELHI,REP. BY ITS AUTHORIZED OFFICER, 400 KV SUBSTATION,
400 KV SUB STATION, VELLANIKKARA (P.O), MANNUTHY,
THRISSUR DISTRICT.
BY ADV SRI.ROJO J.THURUTHIPARA
RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 4:
1 N.K.VELAYUDHAN
S/O.KURUMBAN, MOONELIMUKKAL HOUSE,PUNNORKODEKARA,
PAZHAMTHOTTAM.P.O., ERNAKULAM.
2 ECHUVELAYUDHAN
W/O.N.K.VELAYUDHAN, MOONELIMUKKAL
HOUSE,PUNNORKODEKARA, PAZHAMTHOTTAM.P.O.,
ERNAKULAM.
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3 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,MINISTRY OF ENERGY,
DEPARTMENT OF POWER, CENTRAL SECRETARIATE, NEW DELHI.
4 THE SECRETARY TO GOVERNMENT
ENERGY, DEPARTMENT OF POWER, GOVERNMENT
SECRETARIATE,THIRUVANANTHAPURAM.
5 THE SPECIAL TAHSILDAR LA
POWER GRID CORPORATION OF INDIA LTD.,CHEVARAMBALAM,
KOZHIKODE - 673 017.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
07.11.2024, ALONG WITH CRP.157/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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CRP Nos.157/2019, 440/2018
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O R D E R
(Dated this the 7th day of November 2024)
[CRP Nos.157/2019, 440/2018]
This CRP is filed by the claimant aggrieved by the judgment
passed in O.P (Electricity) No.75/2011 on the file of the Addl. District
Court, North Paravur.
2. The case of the petitioner is that they claimed
Rs.2,50,000/- per cent relying on Ext.A7 sale deed of similar
property, which is of the year 2005. The total consideration for 4.86
Ares in that document is shown as Rs.21,12,500/- which means the
cost of land per Are would come to Rs.4,34,670/-, when converted
into cents, it would come to Rs.1,76,000/- per cent. The said
document was in 2005, and the case on hand was after 4 to 5 years.
Therefore, there ought to have been an increase in the land value.
Taking into consideration the said fact, Rs.2,50,000/- was taken as
the actual land value.
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3. The counsel for the petitioner submits that though
the land value is taken as Rs.1,76,000/- per cent, the percentage of
the diminution was reduced as 20%, when they claimed that, it
should be 70% of the land value.
4. To ascertain the total area injuriously affected, a
Commissioner was appointed, and he has filed Ext.C2 series sketches
showing the actual area injuriously affected. The Trial Court fixed
20% of the actual value of the land to be estimated as the total
compensation for the total area injuriously affected.
5. Taking into consideration that the 400 KV line has
been drawn over the petitioner's land, the diminution of the land
value is definitely on the lower side, and it ought to have been fixed
as 40%. Therefore, the compensation for the area injuriously affected
is calculated, taking into consideration that 40% of the actual land
value of the land. Therefore, compensation payable under the said
head should be 40% of Rs.4,34,670/- = Rs.1,73,868/- The area
involved in this case is 4.05 Ares; so the compensation for the actual
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CRP Nos.157/2019, 440/2018
area injuriously affected would be Rs.7,04,165.4/- (4.05 x
Rs.1,73,868/-), rounded to Rs.7,04,165/-.
Therefore, the judgment of the Trial Court is modified to the
said extent and C.R.P. No.157/2019 is allowed in part.
This C.R.P is filed by the 1st respondent impugning the order
in O.P.(Electricity) No.75 of 2011 on the file of the Addl. District
Court, North Paravur, against the enhancement of compensation.
Since I have already allowed C.R.P. No.157/2019 in part, the present
C.R.P. No.440/2018 stands dismissed.
Sd/-
BASANT BALAJI
JUDGE
JS
