Claimant sought enhanced compensation for trees cut and diminution in land value caused by drawing of 400 KV power lines across his property. The High Court upheld the trial court's assessment methods and award of Rs.20,63,000 with 8% interest, holding courts are not bound by government guidelines, and dismissed both revision petitions.
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. 530 OF 2018
AGAINST THE ORDER/JUDGMENT DATED 28.11.2017 IN OPELE NO.80 OF 2011 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR REVISION PETITIONER/S:
JOLLY AGED 43 YEARS AGED 45,S/O POULOSE,PUNJAPUPTHUSSERY HOUSE,CHOORAKKOD KARA,PATTIMATTOM VILLAGE,KUNNATHUNAD TALUK,ERNAKULAM-683562. BY ADVS. SRI.K.C.ELDHO SRI.ANEESH JAMES SRI.JIJO THOMAS SRI.MALLENATHAN.M. SMT.K.SINDHU ELIAS
RESPONDENT/S:
OTHER PRESENT:
SR.PP.K.P.HARISH;SR.GP.V.TEKCHAND
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27.05.2024, ALONG WITH CRP.702/2019, THE COURT ON 03.06.2024, DELIVERED THE FOLLOWING:
CRP Nos.530/2018 & 702/2019
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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. 702 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 28.11.2017 IN OPELE NO.80 OF 2011 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR REVISION PETITIONER/S:
THE POWER GRID CORPORATION OF INDIA LTD CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY, KAKKANAD, COCHIN-682 030 BY ADV ROJO J.THURUTHIPARA
RESPONDENT/S:
1 JOLLY
S/O. PAULOSE, PUNJAPURATHUSSERY HOUSE, CHOORAKKOD KARA, PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK-683 545
BY ADVS. SRI.K.C.ELDHO GOVERNMENT PLEADER SRI.MALLENATHAN.M.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27.05.2024, ALONG WITH CRP.702/2019, THE COURT ON 03.06.2024, DELIVERED THE FOLLOWING:
CRP Nos.530/2018 & 702/2019
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ORDER
Dated this the 03rd day of June, 2024
These revision petitions are filed
challenging the order passed by the Additional District Judge, North Paravur in O.P. (Electricity) No.80 of 2011. The original
petition was filed by the revision petitioner in CRP No.530 of 2018 (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 essential facts are as under;
According to the claimant, he is in ownership
and possession of landed property having an extent of 34.15 Ares comprised in Re-Sy.Nos.304/5 and 304/6 in Block No.27 of Pattimattom Village
CRP Nos.530/2018 & 702/2019
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in Kunnathunadu Taluk. 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.
Adv.Millu Dandapani for the Corporation.
that the court below has assessed the loss
sustained due to cutting of yielding coconut palms by assessing the average number of nuts per
CRP Nos.530/2018 & 702/2019
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year and multiplying it with the value of one coconut after deducting the immature falling and expenses. Likewise, the loss sustained due to cutting of areca palm was assessed by reckoning the total yield from each palm, the weight of nuts after drying and the price of dried nuts. Based on such assessment, the net income was fixed after deducting the immature falling and expenses. Similar method was adopted for calculating the loss sustained due to the cutting of other yielding trees like nutmeg, mango and pepper vines. For reckoning the compensation amount payable, 8 was taken as the multiplier. Further, the court below fixed the compensation for cutting of trees like teak, anjili, drumstick, Macaranga peltata (vatta) and jack fruit tree based on the assessment made by the Commissioner. Being so, this Court finds the procedure adopted by the court below to be just and proper.
CRP Nos.530/2018 & 702/2019
that, for the purpose of fixing the compensation towards diminution in land value, the court below relied on Ext.A2 sale deed as well as Exts.C1 and C1(a) commission report and plan. Taking note of
the fact that the petition schedule property is having proper road access and considering other evidence on record, the land value was fixed at Rs.1,50,000/- per cent and awarded 50% of the land value as compensation for the affected area admeasuring 5.39 Ares (13.313 cents).
Accordingly, the claimant was found entitled to compensation of Rs.20,63,000/- with interest at the rate of 8% per annum.
order, it is seen that the compensation due
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,
CRP Nos.530/2018 & 702/2019
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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 land value as compensation for the land affected due to the drawing of electric lines.
CRP Nos.530/2018 & 702/2019
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For the aforementioned reasons, the civil
revision petitions filed by 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 this order. If any amount is deposited pursuant to the order of this Court or otherwise, the same shall forthwith be released to the claimant on
his filing appropriate application.
Sd/-
V.G.ARUN JUDGE
Scl/
2 issues framed by the court
Whether the compensation awarded for tree cutting and diminution of land value due to drawing of 400 KV lines was just and proper.
Whether the court below was bound by Government guidelines in fixing land value for compensation.
Colour shows how this judgement treated each authority
KSEB v. LivishaApplied¶5
(2007) 6 SCC 792 · Who else cites this
Jolly
Power Grid Corporation of India Ltd
Special Tahsildar (LA), Power Grid Corporation of India Ltd
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
