High Court of Kerala dismissed two revision petitions filed by the Power Grid Corporation against awards granting enhanced compensation for land acquisition and tree cutting by the Addl. District Court using KSEB v. Livisha principles.
C.R.P.s 73 and 74 of 2008 dismissed; compensation awards 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.N.KRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929
CRP.No. 73 of 2008() ----------------------------OPELE.159/2003 of ADDL.DISTRICT COURT-I,MAVELIKKARA ....................
REVN. PETITIONER: RESPONDENT
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THE MANAGING DIRECTOR, POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY ITS GENERAL MANAGER, KAYAMKULAM TRANSMISSION SYSTEM OFFICE, NANGIARKULANGARA, HARIPAD. BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS: PETITIONERS
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1. RAMACHANDRAN, S/O.VELAYUDHAN, KOLATHUTHEKKATHIL, HARIPADU VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.
2. KANAKAMMA, W/O.RAMACHANDRAN, KOLATHUTHEKKATHIL, HARIPADU VILLAGE, KARTHIKAPPALLI TALUK, ALAPPUZHA DISTRICT.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/01/2008,ALONG WITH CRP. 74/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N.KRISHNAN, J
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C.R.P. Nos.73 & 74 OF 2008
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Dated this the 31st day of January 2008
O R D E R
C.R.P.No.73 of 2008 is preferred against the award of the Addl.District Court-I, Mavelikkara in O.P.(Ele.)No.159 of 2003 and C.r.P.No.74 of 2008 is preferred against the award of the same court in O.P. (Ele.)No.132 of 2003. The court has awarded an enhanced compensation of Rs.6336/- and in the other case, the court has awarded an additional compensation of Rs.9,625/-.
CRPs 73 & 74/2008 -:2:-
principles laid down in KSEB v. Livisha(2007(3) KLT 1(SC), which does not appear to be an unreasonable compensation. Therefore C.R.P.No.74/2008 lacks merit and the same is dismissed.
C.R.P.No. 73 of 2008 is concerned the court awarded no enhancement for the trees cut. As far as the area covered by the tower is concerned no improvement can be made and it will become useless for the petitioners and therefore given the diminution of land value at 80% for 3 cents and at the rate of 10 % for 14.5. cents. I find that the learned District Judge has applied his mind to the facts of the case and only awarded a reasonable compensation. Therefore C.R.P.No.73 lacks merit and the same is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-
Colour shows how this judgement treated each authority
KSEB v. Livisha(2007(3) KLT 1Referred¶20
The Managing Director, Power Grid Corporation of India Ltd.
Ramachandran
Kanakamma
M.N.KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
