The High Court of Kerala dismissed revision petitions challenging an order awarding compensation to property owners whose land was affected by Power Grid lines. The Court held the compensation calculation procedure was just and proper.
Compensation enhanced by the lower court to be paid within three months of receipt of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
CRP NO. 420 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 27.11.2018 IN OPELE NO.154 OF 2014 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/S:
RESPONDENT/S:
OTHER PRESENT:
SR.PP.K.P.HARISH
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
21.05.2024, ALONG WITH CRP.320/2020, THE COURT ON
CRP Nos.420/2019 & 320/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
CRP NO. 320 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 27.11.2018 IN OPELE NO.154 OF
2014 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
REVISION PETITIONER/S:
POWER GRID CORPORATION OF INDIA CONSTRUCTION AREA OFFICE, MAVELIPPURAM COLONY KAKKANAD, COCHIN 682 030
RESPONDENT/S:
1 SANKARAN
AGED 70 YEARS
S/O. KRISHNAN, NELLANKUZHIYIL HOUSE, PULLUVAZHY KARA, RAYAMANGALAM VILLAGE, VALAYANCHIRANGARA (PO), KUNNATHUNAD 683556
CRP Nos.420/2019 & 320/2020
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NELLAMKUZHI HOUSE, VALAYANCHIRANGARA , VALAYANCHIRANGARA P.O, KERALA 683 556. LEGAL HEIRS OF R1 ARE IMPLEADED AS PER AS ADDITIONAL R3 TO R5 AS PER ORDER DATED 12.12.2022 IN I.A.1/2022. BY ADVS. P.C.HARIDAS P.S.GOVIND PRABHAMONI K.K. SURESH V.S. AJI JOSE
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21.05.2024, ALONG WITH CRP.420/2019, THE COURT ON 03.06.2024, DELIVERED THE FOLLOWING:
CRP Nos.420/2019 & 320/2020
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ORDER
Dated this the 3rd day of June, 2024
These revision petitions are filed challenging the order passed by the Additional District Judge-II, North Paravur in O.P. (Electricity) No.154 of 2014. The original petition was filed by one Sankaran, hereinafter called 'the claimant'), being dissatisfied with the compensation awarded towards the damage and loss sustained due to the drawing of 400 KV lines across his property by the Power Grid Corporation of India Ltd (hereinafter called 'the Corporation'). The legal representatives of the claimant are the petitioners in CRP No.420 of 2019. The essential facts are as under;
According to the legal representatives, the claimant was in ownership and possession of landed property having an extent of 10 cents
CRP Nos.420/2019 & 320/2020
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comprised in Re-Sy.No.373/1 of Rayamangalam Village. The land was cultivated with various
yielding and non-yielding trees. In order to facilitate drawing of lines for the smooth transmission of power, large number of trees were
cut from the claimant'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, only meagre amount was paid to the claimant as compensation for the loss sustained. Hence, the original petition was filed, seeking enhanced compensation towards the value of trees cut and diminution of land value.
representatives of the claimant and Adv.Millu Dandapani for the Corporation.
that the court below has calculated the loss
CRP Nos.420/2019 & 320/2020
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sustained due to cutting of yielding jack tree based on an assessment that the net income from the jack tree is Rs.1,000/-. For reckoning the compensation amount payable, 8 was taken as the multiplier. Being so, this Court finds the procedure adopted by the court below to be just and proper.
referred to Exts.A1 and A2 as well as the commission report and sketch. The Advocate Commissioner had reported that the petition
schedule property is accessible from the Panchayat road through a private road. It was also reported that an incomplete and unnumbered building is situated in the property. Based on
these factors, the land value was fixed at Rs.2,00,000/- per cent and the value of the
CRP Nos.420/2019 & 320/2020
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building at Rs.2,00,000/-. The court below awarded 50% of the value of the land and building thus fixed as compensation, in view of the fact that the affected area admeasures an extent of 1.35 Ares (3.3 cents) and the market value of the building also diminished due to the drawing of electric lines. Accordingly, the claimant was found entitled to compensation of Rs.4,38,000/with interest at the rate of 6% per annum.
order, it is seen that the compensation payable towards diminution in land value was fixed based on factors like situs of the land, the extent to 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 by awarding 50% of the value of the land and building as
CRP Nos.420/2019 & 320/2020
compensation for the land affected due to the drawing of electric lines.
while adequate compensation was paid to the claimant in compliance of the orders/directions of the Government, the court below could not have altered the compensation is liable to be rejected
since the court is not bound by the
directions/orders issued by the Government while fixing the compensation. As such, I find no
reason to interfere with the well considered
order of the court below, rendered after taking all relevant factors into consideration.
For the aforementioned reasons, the civil
revision petitions filed by the legal representatives of the claimant as well as the Corporation are dismissed. The enhanced compensation fixed by the court below shall be paid within three months of receipt of a copy of
CRP Nos.420/2019 & 320/2020
this order. If any amount is deposited pursuant to the order of this Court or otherwise, the same shall forthwith be released to the legal representatives of claimant on their filing appropriate application.
Sd/-
V.G.ARUN JUDGE
Scl/
2 issues framed by the court
Whether the compensation fixed by the Additional District Court for land damage due to power lines was just and proper.
Whether the High Court should interfere with the discretion of the trial court in awarding compensation based on government orders.
Colour shows how this judgement treated each authority
KSEB v LivishaReferred¶70
KSEB v Livisha
1 provisions across 1 enactments
OMANA
SANTHOSH KUMAR
SATHISH KUMAR
RATHEESH KUMAR
POWER GRID CORPORATION INDIA LTD
SPECIAL TASHILDAR(LA) POWER GRID CORPORATION INDIA LTD
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
