Remanded

Power Grid Corporation of India Ltd. v. K.D.Varghese

Kerala HC28 Jan 2019CRP/185/2018

Case brief

AI extract

What is this about?

Two Bench of the High Court of Kerala, in this civil revision petition regarding inadequate compensation for land acquisition for an electric line, set aside the impugned order and remanded the matter to the court below pending evidence on land value yield from the trees and was to the banked

What did the court decide?

The impugned order was set aside and the matter remanded to the court below for disposal de novo with directions to the parties.

Power Grid Corporation of India Ltd. Vs K.D.Varghese — Land Acquisition | Kerala HC (2019)

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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 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

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CRP.No. 185 of 2018

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OP (ELE) 278/2009 of ADDITIONAL DISTRICT COURT-1, KOZHIKODE DATED 10-11-2017

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PETITIONER/RESPONDENT:

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POWER GRID CORPORATION OF INDIA LTD REP.BY ITS ADDITIONAL GENERAL MANAGER,UGRAPURAM, AREACODE, MALAPPURAM DIST.

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BY ADV. SRI.E.M.MURUGAN

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RESPONDENT/PETITIONER:

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K.D.VARGHESE S/O DEVASSIA, KIZHAKKEKOZHUVANAL

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HOUSE,P.O.THEYYAPPARA, KOZHIKODE TALUK, KOZHIKODE DISTRICT-PIN-673001.

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRP.No. 185 of 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 Mysore-Kozhikode 400 KV electric line, the land owner-climant 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 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

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CRP.No. 185 of 2018

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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:

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

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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 belonged to each of the petitioners.

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ii. Determination of the diminishing land value, after

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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

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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 cases shall be read

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CRP.No. 185 of 2018

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as part of this order. Parties to appear in the court below on 26.02.2019.

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Sd/SATHISH NINAN JUDGE

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rsr

Power Grid Corporation of India Ltd. v. K.D.Varghese

Case brief

What is this about?

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Power Grid Corporation of India Ltd. v. K.D.Varghese

Case brief

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