Corporation challenged enhanced compensation awarded to a landowner whose property was affected by drawing of 400 KV electric lines. The court found the court below's fixation of land value and diminution percentage sound and held courts are not bound by government fair-value guidelines.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 18TH DAY OF JUNE 2024 / 28TH JYAISHTA, 1946
CRP NO. 344 OF 2019
AGAINST THE ORDER DATED 20.12.2017 IN OPELE NO.105 OF 2011 OF ADDITIONAL DISTRICT COURT - II, MANJERI REVISION PETITIONER:
POWER GRID CORPORATION OF INDIA LIMITED REP BY ITS DEPUTY GENERAL MANAGER, AREACODE PO, UGRAPURAM, ERNAD THALUK, MALAPPURAM DIST BY ADV E.M.MURUGAN
RESPONDENT:
JAMEELA K.
AGED ABOUT 50 W/O.KUNHIMUHAMMED, KUNDIL (H), KEEZHUPARAMBU.P.O., KEEZHUPARAMBU AMSOM, MALAPPURAM-673001
BY ADV SRI.O.D.SIVADAS
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
18.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 18th day of June, 2024
The revision petitioner, Power Grid
Corporation of India Ltd ('the Corporation' for
short), is aggrieved by the enhanced compensation ordered to be paid to the respondent, consequent upon the drawing of 400 KV electric lines across her property by the Corporation. The essential facts are as under;
In order to facilitate drawing of lines for the smooth transmission of power, large number of trees were cut from the respondent's property. The drawing of high tension lines rendered the
land underneath and adjacent to the lines useless, resulting in diminution of the value of the property. In spite of the huge loss suffered, a meagre amount was paid to the respondent as compensation. Hence, the original petition was filed, seeking enhanced compensation towards the
CRP No.344 of 2019
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value of trees cut and diminution in land value.
enhanced compensation for the value of trees cut by awarding 25% of the compensation already granted by the Corporation.
compensation towards diminution in land value, the court below referred to Exts.C1 and C1(e), commission report and plan and took note of the fact that the petition schedule property has proper road frontage. Based on the said factors, the court below fixed the land value of the respondent's property at Rs.20,000/- per cent and awarded 50% of the land value as compensation for
the affected area admeasuring 21.2 cents.
either side.
towards diminution in land value was fixed based on factors like situs of the land, the extent to
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which the land is adversely affected and consequent diminution in the value of the land, as laid down by the Apex Court in KSEB v. Livisha [(2007) 6 SCC 792]. Similarly, the discretion vested with the court was properly exercised in the fixation of land value as well as the percentage of diminution for the lands affected due to the drawing of electric lines.
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For the aforementioned reasons, the civil
revision petition is dismissed.
sd/-
V.G.ARUN
JUDGE
Scl/
1 issue framed by the court
Whether the court below's fixation of land value and percentage of diminution for land under 400 KV electric lines was proper, or should follow Government fair-value guidelines?
Colour shows how this judgement treated each authority
KSEB v. LivishaApplied¶5
(2007) 6 SCC 792 · Who else cites this
Power Grid Corporation of India Limited
Jameela K.
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
