Revision petition challenging enhancement of compensation awarded to landowners for damage caused by the drawing of an electric line. The High Court found no illegality in the enhanced award and dismissed the petition.
Revision Petition dismissed; impugned order of the District Judge upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930
CRP.No. 1170 of 2005(B) ----------------------OPEA.378/2002 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA.
REVN. PETITIONER: RESPONDENT.
POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS MANAGER.
BY ADV. SRI.K.P.DANDAPANI (SR.)
RESPONDENTS: PETITIONERS.
BY
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR, J.
C.R.P.No.1170 of 2005
Dated this the 17th June, 2008.
O R D E R
Power Grid Corporation of India Ltd., respondent, in OP (EA) No.378/2002, on the file of the Additional District Court, Alappuzha, is the revision petitioner. Respondents are the petitioners. Dissatisfied with the quantum of compensation awarded for the drawing of Kayamkulam-Edamom 220 KV electric line through their property, in survey Nos.294/1 and 2 of Thamarakkulam Village, respondents filed a petition under Section 51 of the Indian Electricity Act, read with Section 16 of the Indian Telegraph Act. Total compensation of Rs.30,568/= was awarded, being the value of the trees cut and removed from the property. Respondents contended that due to the drawing of the line, property has become completely useless, and it cannot be put to any use, and value and utility of the property also has been reduced. Contending that property would have fetched a value of Rs.20,000/= per cent, respondents claimed compensation of Rs.5,73,960/=. Petitioner resisted the claim
CRP.No.1170/2005
2
contending that the value and utility of the property was not diminished, on account of the drawing of the line and adequate compensation was awarded, which is reasonable. The District court, on the evidence of PW.1 and Exts.A1 to A6 granted an enhanced compensation to Rs.12,631/= . It is challenged in this petition filed under Section 115 of Code of Civil Procedure.
heard.
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enhanced compensation awarded is reasonable. I find no illegality or irregularity in the order. In such circumstances, I do not find any reason to interfere with the impugned order. Revision Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.
2 issues framed by the court
Whether the District Judge erred in awarding enhanced compensation for crop and tree damage to the claim of the Power Grid Corporation.
Whether there was any illegality or irregularity in the impugned order justifying interference under Section 115 CPC.
3 provisions across 3 enactments
Power Grid Corporation of India Ltd.
Bhaskaran
Ponnamma
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
