Remanded
Mr.Kuriyan v. Power Grid Corporation of India Ltd.
Kerala HCCRP/374/2018
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
CRP.No. 374 of 2018 --------------OP.NO. 107/2010 of I ADDL. DISTRICT COURT, KOZHIKODE.
REVISION PETITIONER/PETITIONER
MR.KURIYAN, S/O. MATHAY, AGED 66 YEARS, PUNNAKAPADAYIL HOUSE, KUPPAYAKODE P.O, PIN-673 580 OF KOZHIKODE DISTRICT, KERALA STATE, INDIA.
BY ADVS.SRI.C.PUSHPODARAN SMT.ABEETHA PUSHPODARAN.
RESPONDENT/RESPONDENT:
POWER GRID CORPORATION OF INDIA LIMITED, REPRESENTED BY THE DEPUTY MANAGER, P.O. UGRAPURAM, PIN-673 639, AREEKODE, AREEKODE AMSOM AND DESOM OF ERNAD TALUK OF MALAPPURAM DISTRICT, KERALA STATE, INDIA.
BY SRI.MILLU DANDAPANI, SC.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs. 11/06/2018.
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = C.R.P No.374 of 2018
= = = = = = = = = = = = = = = = = = Dated this the 7th day of June, 2018
O R D E R
Dissatisfied with the quantum of compensation awarded in respect of the drawing of Mysore-Kozhikode 400 KV electric line, the land owner-climant is in revision.
C.R.P No.374 of 2018
-: 2 :-
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 paragraphs 9 and 10 of the said order this Court observed thus:
“9. This Court is of the view that this matter has
to be remitted back to the court below to consider the following aspects;
C.R.P No.374 of 2018
-: 3 :-
i. Yield revealed from each tree in the land
belonged to each of the petitioners.
ii. Determination of the diminishing land value,
after ascertaining the market value and any other component relating to the assessment.
There was inordinate delay of 2133 days in filing the Civil Revision Petition. While condoning the delay, this Court had ordered that the petitioner shall not be entitled for interest, for
C.R.P No.374 of 2018
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.
Sd/-
SATHISH NINAN JUDGE
vdv/-
Mr. Kuriyan
Power Grid Corporation of India Limited
Sathish Ninan
As recorded by the court registry
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