Remanded

Moly Thomas v. Power Grid Corporation of India Limited

Kerala HC4 Jun 2018CRP/332/2018

Case brief

AI extract

What is this about?

The High Court allowed a revision petition by a land owner dissatisfied with compensation for the drawing of a 400 KV electric line. Setting aside the prior order, the court remitted the matter to the court below for de novo disposal based on earlier precedents regarding market value and tree yield evidence.

What did the court decide?

- Impugned order set aside. Matter remanded to court below for de novo disposal following directions on market value and tree yield. No interest for delay period.

Moly Thomas Vs Power Grid Corporation of India Limited — Land Acquisition | Kerala HC (2018)

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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 SATHISH NINAN

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MONDAY, THE 4TH DAY OF JUNE 2018 / 14TH JYAISHTA, 1940

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CRP.No. 332 of 2018

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AGAINST THE ORDER IN OP(ELE)NO.77/2013 of 1ST ADDL.DISTRICT COURT, KOZHIKODE,DATED 21-12-2013.

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-----------

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REVISION PETITIONER(S)/PETITIONER

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MOLY THOMAS, AGED 50 YEARS, W/O.MATHEW, EDATHUMKUZHI HOUSE, NAMBIYARUPARAMBIL, THIRUVAMBADI P.O., THIRUVAMBADI VILLAGE, AMSOM AND DESOM OF KOZHIKODE TALUK, OF KOZHIKODE DISTRICT, KERALA STATE, INDIA.

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BY ADVS.SRI.C.PUSHPODARAN SMT.ABEETHA PUSHPODARAN

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RESPONDENT(S)/RESPONDENTS:

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1. POWER GRID CORPORATION OF INDIA LIMITED, (A GOVT. OF INDIA ENTERPRISE), REPRESENTED BY THE DEPUTY GENERAL MANAGER, POWER GRID CORPORATION OF INDIA, SOUTHERN REGION, P.O.UGRAPURAM, AREEKODE, AREEKODE AMSOM AND DESOM OF ERNAD TALUK OF MALAPPURAM DISTRICT, KERALA STATE, PIN-673639.

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2. THE ASSISTANT ENGINEER, POWER GRID CORPORATION OF INDIA, TRANSMISSION LINE SITE OFFICE, SOUTHERN REGION, P.O.UGRAPURAM, AREEKODE, AREEKODE AMSOM AND DESOM OF ERNAD TALUK OF MALAPPURAM DISTRICT, KERALA STATE AT PRESENT AT THE ADDRESS: THE ASSISTANT ENGINEER, POWER GRID CORPORATION OF INDIA, CONSTRUCTION AREA OFFICE, 400 K.V.SUB STATION, PALLIKARA, KUMARAPURAM P.O., ERNAKULAM DISTRICT, PIN-683565.

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3. THE DEPUTY COLLECTOR (L.A.), COLLECTORATE, KOZHIKODE, P.O.CIVIL STATION, NEDUNGATTOOR AMSOM AND DESOM OF KOZHIKODE TALUK OF KOZHIKODE DISTRICT, KERALA STATE, PIN-673020.

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CRP.No. 332 of 2018

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4. THE SPECIAL TAHSILDAR (L.A.), POWER GRID CORPORATION OF INDIA, CHEVARAMBALAM, P.O.CHEVARAMBALAM, CALICUT-17, CHEVAYUR AMSOM AND DESOM OF KOZHIKODE TALUK OF KOZHIKODE DISTRICT, KERALA STATE, PIN-673021, AT PRESENT FUNCTIONING AT COLLECTORATE KOZHIKODE, P.O.CIVIL STATION, NEDUNGATTOOR AMSOM AND DESOM OF KOZHIKODE TALUK OF KOZHIKODE DISTRICT, KERALA STATE, PIN-673020.

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R1 & R2 BY SRI.MILLU DANDAPANI R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI.M.I.JOHNSON

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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11.06.2018

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = C. R. P. No.332 of 2018 = = = = = = = = = = = = = = = = = = Dated this the 4^th day of June, 2018

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O R D E R

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Dissatisfied with the quantum of compensation awarded in respect of the drawing of MysoreKozhikode 400 KV electric line, the land ownerclimant is in revision.

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Similar matters for enhancement of compensation relating to the drawal of the very same electric line were disposed of by this court as per order dated 07.03.2017 in C.R.P. No.144/2013 and connected matters. The issue in this C.R.P. is the same and hence, this C.R.P. is being disposed of on similar lines.

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The challenge on the ground of inadequacy of compensation is mainly under two heads. Firstly, regarding the quantum awarded for diminution in land value; secondly regarding the quantum awarded

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C. R. P. No.332 of 2018

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:- 2 :-

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towards yield from the trees. As regards the question of diminution in land value, the first question that arises is ascertainment of the market value. As held by this Court in the order dated 07.03.2017 in C.R.P. No.144/2013 and connected cases, the determination of land value cannot be solely based upon the fair value as fixed by the revenue authorities. The market value will have to be independently considered and arrived at by the court. As regards the yield from the trees, the respondent was guided by the schedule prepared by the Agricultural Department. This Court in the order in C.R.P. No.144 of 2013 (above referred to) has held that the question of yield from the trees is to be considered based on evidence. In

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paragraphs 9 and 10 of the said order this Court observed thus:

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C. R. P. No.332 of 2018

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:- 3 :-

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“9. This Court is of the view that this matter

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has to be remitted back to the court below to consider the following aspects;

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i. Yield revealed from each tree in the land

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belonged to each of the petitioners.

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ii. Determination of the diminishing land value, after ascertaining the market value and any other component relating to the assessment.

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It is open for the parties to bring to the notice of the court below any other aspect, which has not been considered while determining the diminution value of the land. Parties are at liberty to adduce fresh evidence.”

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The impugned order is set aside and the matter is remanded back to the court below for disposal denovo. The directions given in the order dated 07.03.2017 in C.R.P. No.144 of 2013 and connected

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C. R. P. No.332 of 2018

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:- 4 :-

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cases shall be read as part of this order. Parties to appear in the court below on 25.07.2018.

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There was inordinate delay of 1259 days in

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filing the Civil Revision Petition. While condoning the delay, this Court had ordered that the petitioner shall not be entitled for interest, for the amount if any to be enhanced, for the period covered by the delay. While passing fresh orders, the court below shall take notice of the same and pass orders accordingly.

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Sd/SATHISH NINAN JUDGE

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kns/-

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//True Copy//

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P.S. to Judge

Moly Thomas v. Power Grid Corporation of India Limited

Case brief

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Moly Thomas v. Power Grid Corporation of India Limited

Case brief

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