Kerala High Court
Vijayan Pillai vs Power Grid Corporation India Ltd on 18 November, 2024
2024:KER:86329
CRP Nos. 127/2020, 657/2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 18TH DAY OF NOVEMBER 2024 / 27TH KARTHIKA, 1946
CRP NO. 127 OF 2020
AGAINST THE ORDER DATED 30.03.2019 IN OPELE NO.105 OF 2017 OF
ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/1ST RESPONDENT:
POWER GRID CORPORATION OF INDIA LTD.
400 KV SUB STATION, PALLIKKARA, KIZHAKAMBALAM VILLAGE,
KUNNATHUNADU TALUK, KUMARAPURAM P.O.KOCHI-683 565,
REPRESENTED BY GENERAL MANAGER
BY ADV PRAVEEN K. JOY
RESPONDENTS/PETITIONERS 1 TO 3/2ND RESPONDENT:
1 VIJAYAN PILLAI
AGED 64 YEARS
S/O SANKARANKUNJI, CHAKKASSERY (THAMARASSERY) HOUSE,
CHOORAKODU KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU
TALUK-683 562.
2 SHYAMALA,
AGED 57 YEARS
W/O VIJAYAN PILLAI, CHAKKASSERY (THAMARASSERY) HOUSE,
CHOORAKODU KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU
TALUK-683 562.
3 ARAVIND VIJAYAN
AGED 27 YEARS
S/O VIJAYAN PILLAI, CHAKKASSERY (THAMARASSERY) HOUSE,
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CRP Nos. 127/2020, 657/2019
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CHOORAKODU KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU
TALUK-683 562.
4 SPECIAL TAHASILDAR (LA),
POWER GRID CORPORATION OF INDIA LTD, CHEVARAMBALAM,
KOZHIKODE-17.
BY ADVS.
P.C. HARIDAS PULICKAL CHANDRASEKHARA PILLAI
SURESH V.S.(K/000350/1992)
OTHER PRESENT:
GP SRI. T. JAYAN
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
18.11.2024, ALONG WITH CRP.657/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:86329
CRP Nos. 127/2020, 657/2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 18TH DAY OF NOVEMBER 2024 / 27TH KARTHIKA, 1946
CRP NO. 657 OF 2019
AGAINST THE ORDER DATED 30.03.2019 IN OPELE NO.105 OF 2017 OF
ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONERS/PETITIONERS:
1 VIJAYAN PILLAI,
AGED 64 YEARS
S/O SANKARANKURUP, CHAKKASSERY
(THAMARASSERRY)HOUSE,CHOORAKODU KARA, PATTIMATTOM
VILLAGE, KUNNATHUNADU TALUK.
2 SHYAMALA,
AGED 58 YEARS
W/O VIJAYAN PILLAI, CHAKKASSERY
(THAMARASSERRY)HOUSE,CHOORAKODU KARA, PATTIMATTOM
VILLAGE, KUNNATHUNADU TALUK.
3 ARAVIND VIJAYAN,
AGED 27 YEARS
S/O VIJAYAN PILLAI, CHAKKASSERY
(THAMARASSERRY)HOUSE,CHOORAKODU KARA, PATTIMATTOM
VILLAGE, KUNNATHUNADU TALUK.
BY ADV P.C.HARIDAS
RESPONDENTS/RESPONDENTS:
1 POWER GRID CORPORATION INDIA LTD
400 KV SUB STATION, PALLIKKARA, KIZHAKAMBALAM
VILLAGE,KUNNATHUNADU TALUK, KUMARAPUAM P.O.PIN 683 565.
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CRP Nos. 127/2020, 657/2019
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2 SPECIAL TAHSILDAR (LA),
POWER GRID CORPORATION INDIA LTD, CHEVARAMBALAM,
KOZHIKODE-17.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
18.11.2024, ALONG WITH CRP.127/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:86329
CRP Nos. 127/2020, 657/2019
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O R D E R
(Dated this the 18th day of November 2024)
[CRP Nos. 127/2020, 657/2019]
The revision petitioner, Power Grid Corporation of India
Ltd., ("the Corporation' for short), is aggrieved by the enhanced
compensation ordered to be paid to the claimants, consequent
upon the drawing of 400 KV electric lines across his property by
the Corporation. The original petition was filed under Sections 10
and 16 of the Indian Telegraph Act, 1885.
2. In order to facilitate the drawing of lines for the
smooth transmission of power, a large number of trees were cut
from the respondents' 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, a meager amount was paid to the 1 st
respondent as compensation. Hence, the original petition was filed,
seeking enhanced compensation.
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CRP Nos. 127/2020, 657/2019
3. The petitioner raised a question that the claim is
barred by limitation as the claimants have received the amounts
for the trees cut and removed in the year 2012 and the petition
was filed in 2017. The claimants thereafter filed an amendment
petition to delete the prayer for value of improvements and only
claimed value of diminution of land value, and also claimed that
the cause of action for the petition arose on 30.12.2014.
4. The property is a wet land having an extent of
13.85 Ares i.e., 34.22 cents. The value of wet land is fixed at
Rs.40,000/- relying on Ext.A1 sale deed in the year 2011. Thus the
compensation for land injuriously affected is Rs.13,68,800/- (34.22
x 40,000/-). The percentage of diminution of land value is taken
as 25%, Hence, the value of land injuriously affected is fixed as
Rs.3,42,200/-.
5. An extent of 1.54 Ares was used for erection of
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CRP Nos. 127/2020, 657/2019
tower. For the said area, the amount of compensation is fixed as
Rs.1,52,400/-. Thus the total compensation is fixed as
Rs.4,94,600/- towards the land value with interest at the rate of
8% from the date of cutting of trees. On going through the
impugned order, it is seen that the compensation fixed for the
injurious affection of land is just and proper, therefore, CRP
No.127/2020 fails and is dismissed.
This CRP is filed by the claimants for enhancement of the
compensation.
I have gone through the impugned judgment, and I am of
the opinion that the amount of compensation granted is adequate
and reasonable.
Therefore, CRP No.657/2019 is dismissed.
Sd/-
BASANT BALAJI
JUDGE
JS
