Remanded

Sivaprasad v. Power Grid Corporation of India Ltd.

Kerala HC19 Jun 2008CRP/385/2007

Case brief

AI extract

What is this about?

This Single Judge Bench reversed the impugned orders dismissing claims for compensation for diminution of land value. The Court remanded the petitions to the Additional District Court to grant an opportunity to adduce evidence, relying on a connected precedent.

What did the court decide?

Orders set aside and petitions remanded to District Court for fresh disposal with direction to grant opportunity to adduce evidence of land value.

Sivaprasad Vs Power Grid Corporation of India… — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930

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CRP.No. 385 of 2007(C) --------------------------------(O.P(EA).NO.354/2002 OF ADDL.DISTRICT COURT, ALAPPUZHA)

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REVISION PETITIONERS/ PETITIONERS:

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----------------------------------------------------------

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1. SIVAPRASAD, AGED 35 YEARS, S/O.KESAVAN ACHARI, VALIYIL HOUSE, ERIKKAVU P.O., KUMARAPURAM VILLAGE, KUMARAPURAM.

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2. GEETHA, AGED 33 YEARS,

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D/O.KESAVAN ACHARI, VALIYIL HOUSE, ERIKKAVU P.O., KUMARAPURAM VILLAGE, KUMARAPURAM.

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3. RADHA, AGED 30 YEARS, D/O.KESAVAN ACHARI, VALIYIL HOUSE, ERIKKAVU P.O., KUMARAPURAM VILLAGE, KUMARAPURAM.

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BY ADV. SRI.J.OM PRAKASH.

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RESPONDENT/ COUNTER PETITIONER:

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---------------------------------------------------------

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POWER GRID CORPORATION OF INDIA LTD, REPRESENTED BY ITS MANAGER, LOCAL OFFICE AT NANGIARKULANGARA, HARIPPAD.

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BY ADV. SRI.MILLU DANDAPANI.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/06/2008, ALONG WITH C.R.P. NO. 386/2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.Sasidharan Nambiar,J.

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======================= C.R.P Nos. 385,386,387,406 407,408,428 & 429of 2007 =======================

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Dated this the 19th day of June 2008

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O R D E R

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The claimants before Additional District

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Court,Alappuzha respectively in O.P.(E.A.) 354/2002,59/2003,358/2002,53/2000,57/2003,572/2002, 77/2003, 50/2003 respectively are the petitioners in C.R.P.Nos.385,386,387,406,407,408,428 and 429 of

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All these cases relate to the petitions filed by the respective claimants under section 51 of Indian Electricity Act along with section 16 of Indian Telegraphic Act claiming enhanced compensation, dissatisfied with the compensation awarded for drawing 220 KV electric line for Power Grid Corporation. As per orders dated 6.2.2006, 2.1.2006, 23.12.2005, 20.7.2006, 29.7.2006,

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28.11.2005, 30.10.2006 and 31.7.2006 respectively

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though enhanced compensation was awarded, no compensation was awarded for diminution of land value for the reason that no evidence was adduced

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CRP 385/07 & connected cases 2

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to prove the land value as well as diminution of land value. These revision petitions are filed challenging those orders. As there was delay in filing the revisions, notice was issued to the respondent and the delay was condoned.

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Learned counsel appearing for petitioners and respondent were heard.

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Learned counsel appearing for petitioners

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relying on the decision of this court in C.R.P.396/2007 submitted that on identical facts,

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this court granted opportunity to the claimant to prove the land value and diminution of land value and as petitioners could not adduce evidence, all the petitions may be remanded back to the District Court so that petitioners could adduce further evidence. Learned counsel appearing for respondent submitted that sufficient opportunity was granted and failure to avail that opportunity is not a ground to pray for a remand.

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On hearing the learned counsel and

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considering the fact that in C.R.P.396/2007 on

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CRP 385/07 & connected cases 3

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identical facts this court already granted opportunity to the claimant to adduce evidence, in the interest of justice, petitioners are to be granted an opportunity to establish their claim for compensation for diminution of land value. In such circumstance, respective orders are set aside and the respective petitions are remanded back to District Court, Alappuzha for fresh disposal in accordance with law. Parties are directed to appear before the District Court, Alappuzha on 15.7.2008.

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Civil Revision Petitions are disposed of.

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M.Sasidharan Nambiar Judge

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tpl/-

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M.SASIDHARAN NAMBIAR, J.

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--------------------CRL.R.P.NO. /08 --------------------ORDER

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MARCH,2008

Sivaprasad v. Power Grid Corporation of India Ltd.

Case brief

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Sivaprasad v. Power Grid Corporation of India Ltd.

Case brief

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