Disposal of a civil revision petition challenging compensation awarded for land acquired for an electric line. The court held inadequacy of compensation regarding diminution in land value and tree yield requires remand to the lower court.
Impugned order set aside and matter remanded to court below for de novo disposal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
CRP.No. 428 of 2018
AGAINST THE ORDER IN OP 319/2009 of 1ST ADDITIONAL DISTRICT COURT, KOZHIKODE DATED 10-11-2017
REVISION PETITIONER(S)/PETITIONER :
O.J.THOMAS, AGED 72 YEARS, S/O. JOSEPH, RESIDING AT ORATHEL HOUSE, POST THEYYAPPARA, KOZHIKODE.
BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH
RESPONDENT(S)/RESPONDENTS:
THE DEPUTY GENERAL MANAGER, POWER GRID CORPORATION OF INDIA LTD., POST AREEKODE, UGRAPURAM, ERNAD TALUK, MALAPPURAM - 673 639.
BY SRI.MILLU DANDAPANI SC
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rvs. 26/07/2018
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = C. R. P. No.428 of 2018 = = = = = = = = = = = = = = = = = = Dated this the 24th day of July, 2018
O R D E R
Dissatisfied with the quantum of compensation awarded in respect of the drawing of MysoreKozhikode 400 KV electric line, the land ownerclimant is in revision.
C. R. P. No.428 of 2018
:- 2 :-
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;
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
C. R. P. No.428 of 2018
:- 3 :-
component relating to the assessment.
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.”
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 cases shall be read as part of this order. Parties to appear in the court below on 05.09.2018.
Sd/SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
2 issues framed by the court
Whether the land owner is correct to challenge the quantum of compensation awarded in respect of the drawing of MysoreKozhikode 400 KV electric line
Whether the inadequacy of compensation regarding diminution in land value and yield from trees requires remand to the lower court
O.J.THOmas
THE DEPUTY GENERAL MANAGER, POWER GRID CORPORATION OF INDIA LTD.
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
