Anitha v Power Grid Corporation of India Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 23[RD] DAY OF APRIL 2024 / 3RD VAISAKHA, 1946** ## **CRP NO. 395 OF 2021** **AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.903 OF 2013 OF VI ADDITIONAL DISTRICT COURT, ERNAKULAM REVISION PETITIONER/S:** **ANITHA AGED 51 YEARS W/O.E.M.MOHANAN, ELAVANAPPARAMBIL HOUSE, PALISSERY, KARUKKUTTY VILLAGE, ALUVA - 680 308. BY ADV P.T.JOSE** ## **RESPONDENT/S:** |**1**|**POWER GRID CORPORATION OF INDIA LTD.**| |---|---| ||**CONSTRUCTION AREA OFFICE, KAKKANAD, NOW IN PAO/400,**| ||**220KV SUBSTATION, KUMARAPURAM P.O., PALLIKARA, KOCHI**| ||**- 682 303, REP. BY DEPUTY MANAGER.**| |**2**|**THE SPECIAL TAHSILDAR (L.A.)**| ||**POWERGRID CORPORATION OF INDIA LTD., CHEVARAMBALAM,**| ||**KOZHIKODE - 673 017, NOW IN THRIKKAKARA VILLAGE,**| ||**KANAYANNOOR TALUK, KAKKANAD P.O. - 682 030.**| |**3**|**STATE OF KERALA**| ||**REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI**| ||**- 682 030.**| |**4**|**KERALA STATE ELECTRICITY BOARD**| ||**REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, KSEB**| ||**LTD., THIRUVANANTHAPURAM - 695 001.**| ||**BY ADV R.HARISHANKAR**| ## **OTHER PRESENT:** **GP JIBU T.S.; SC FOR KSEB B.PREMOD** ## **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON** **ON 19.01.2024, ALONG WITH CRP.163/2022, THE COURT ON 23.04.2024 DELIVERED THE FOLLOWING:** CRP Nos.395/2021 & 163/2022 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 23[RD] DAY OF APRIL 2024 / 3RD VAISAKHA, 1946** **CRP NO. 163 OF 2022** **AGAINST THE ORDER/JUDGMENT DATED 29.03.2021 IN OPELE NO.903 OF 2013 OF VI ADDITIONAL DISTRICT COURT, ERNAKULAM** ## **REVISION PETITIONER/S:** **POWER GRID CORPORATION OF INDIA CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY, KAKKANAD, COCHIN - 682 030, PRESENTLY AT CONSTRUCTION AREA OFFICE, 400/220, KV SUB STATION, KUMARAPURAM P.O, PALLIKKARA, ERNAKULAM - 683 565, REPRESENTED BY ITS SENIOR GENERAL MANAGER, PIN - 683565** **BY ADV MILLU DANDAPANI** ## **RESPONDENT/S:** **1 ANITHA AGED 53 YEARS W/O. E.M MOHANAN, ELAVANAPPARAMBIL HOUSE, PALISSERRY, KARUKUTTY VILLAGE , ALUVA - 683 582, PIN - 683582 2 THE SPECIAL TAHSILDAR (LA) POWER GRID CORPORATION OF INDIA LTD. CHEVARAMBALAM, KOZHIKODE - 673 017, PIN - 673017 3 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI - 682 030, PIN - 682030 4 KERALA STATE ELECTRICITY BOARD REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR KSEB LTD., THIRUVANANTHAPURAM - 695 001, PIN - 695001 BY ADV P.T.JOSE** ## **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON** **ON 19.01.2024, ALONG WITH CRP.395/2021, THE COURT ON 23.04.2024 DELIVERED THE FOLLOWING:** CRP Nos.395/2021 & 163/2022 -3- ## **ORDER** Dated this the 23[rd] day of April, 2024 These revision petitions are filed challenging the order passed by the Additional District Judge-VI, Ernakulam in O.P.(Electricity) No.903 of 2013. The original petition was filed by the revision petitioner in CRP No.395 of 2021 (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 her property by the Power Grid Corporation of India Ltd (hereinafter called 'the Corporation'). The essential facts are as under; The claimant is in ownership and possession of landed property having an extent of 48 cents in Sy.Nos.1361/1,2,3,8, 1361/6/1,2,3, 1365/4,5 of Karukutty Village in Aluva Taluk. The land was cultivated with various yielding and non-yielding trees. According to the claimant, to facilitate CRP Nos.395/2021 & 163/2022 -4- drawing of the lines and smooth transmission of power, large number of trees were cut from her 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 by the claimant, only an amount of Rs.1,41,842/- was paid as compensation towards the value of yielding and non-yielding trees cut. Surprisingly, no compensation was granted for diminution in land value. Hence, the original petition was filed, seeking enhanced compensation towards the value of trees cut and diminution in land value. 2. The court below rejected the claim for enhanced compensation for the value of trees cut since no evidence in support of the claim was produced. As far as the claim for enhanced compensation towards diminution in land value is concerned, the court below relied on Ext.A5 document as well as Exts.C3 and C3(a) commission CRP Nos.395/2021 & 163/2022 -5- report and sketch. The Advocate Commissioner reported that a canal road, which leads to the Pallissery Karamattam road passes through the southern side and another road having width of 2- 4 metres passes through the eastern side of the claimant's property. It is also reported that the Government Higher Secondary School, Government Hospital, SCMS College and a Milk Society are situated at a distance of 1 Km from the petition schedule property. Similarly, Holy Family Church is at a distance of about 2 Km and SNDP Junction and Thabor Junction are situated in close proximity to the claimant's property. Moreover, a purayidam is also reported to be situated in the petition schedule property. Based on the said factors, the court below fixed the land value of the claimant's property at Rs.2,02,571/- per cent, by deducting 10% of the land value of the property involved in Ext.A5 document. Relying on Ext.C3(a) sketch, the central corridor was held to be 13.465 cents and that of the outer CRP Nos.395/2021 & 163/2022 -6- corridors is 17.79 cents (8.895 + 8.895). The court below also took note of the fact that the electric lines were drawn across the centre of the petition schedule property and a remaining area admeasuring 3.410 cents lies on the northern side of the property. For the central corridor, 40% of the land value was granted as compensation and for the outer corridors, 20% of the land value. Taking into account the fact that the electric lines were drawn across the centre of the property, the court below has also granted Rs.1,00,000/- as compensation to the claimant. Accordingly, the claimant was found entitled to compensation of Rs.19,11,794/-. Dissatisfied with the quantum of enhancement, the claimant has filed CRP No.395 of 2021, whereas the Corporation has filed CRP No.163 of 2022 contending that the enhancement ordered is far in excess of the actual damage sustained. 3. Heard Adv.P.T.Jose for the claimant and Adv.Millu Dandapani for the Corporation. CRP Nos.395/2021 & 163/2022 -7- 4. Learned Counsel for the claimant contended that the court below committed gross illegality in refusing to grant enhanced compensation for the loss sustained due to the cutting of valuable trees, in spite of the Advocate Commissioner assessing and reporting the loss. It is submitted that a canal road, which leads to the Pallissery Karamattam road passes through the southern side and another road having width of 2-4 metres passes through the eastern side of the claimant's property. It is also reported that the Government Higher Secondary School, Government Hospital, SCMS College and a Milk Society are situated at a distance of 1 Km from the petition schedule property. Similarly, Holy Family Church is at a distance of about 2 Km and SNDP Junction and Thabor Junction are situated in close proximity to the claimant's property. Moreover, a purayidam is also reported to be situated in the petition schedule property. Without considering these crucial factors, 10% CRP Nos.395/2021 & 163/2022 -8- deduction was made from the value of the property involved in Ext.A5 document. 5. It is submitted that the court below grossly erred in granting only 40% of the land value as compensation for the central corridor and only 20% for the outer corridors. It is further submitted that the court below is not justified in granting only Rs.1,00,000/- even after finding the electric lines were drawn across the centre of the property. Considering the extent of damage sustained and the diminution in land value consequent to the drawing of lines, the court below ought to have granted compensation as claimed. 6. Learned Counsel for the Corporation contended that, compensation towards diminution in land value granted is exorbitant and there is no rationale in granting 9% interest on that amount. The court below also erred in relying on Ext.A5 for fixing the land value of the claimant's property. As the drawing of electric CRP Nos.395/2021 & 163/2022 -9- lines does not prohibit the landowner from conducting agricultural activities and putting up small structures, 40% of the land value granted for the central corridor and 20% for the outer corridors are exorbitant. The court below grossly erred in granting Rs.1,00,000/- as compensation towards the remaining property, which is in no way affected. 7. A careful scrutiny of the impugned order reveals that the claim for enhancement of compensation towards the value of trees cut was rightly rejected since no supporting material, other than the findings in the Advocate Commissioner's report, was made available. As found by the court below, apart from the interested testimony of a solitary witness, who is the claimant in some of the connected cases, no other independent witnesses were examined to prove the claim. It is also not in dispute that the trees were cut in the year 2011 and the Commissioner inspected the property in the year CRP Nos.395/2021 & 163/2022 -10- 2015 and assessed the value of trees based on an overview of the trees standing in the nearby properties. Such assessment, having no scientific basis, is not sufficient to discard the contemporaneous valuation statement prepared by the Corporation. 8. As far as the diminution in land value is concerned, the factors to be taken into consideration, as laid down in _**KSEB v. Livisha**_ ## _**[(2007) 6 SCC 792]**_ are as under; “ _10. The situs of the land, the distance between the high voltage electricity line laid thereover, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small tract of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used.”_ On careful scrutiny of the impugned order, it is CRP Nos.395/2021 & 163/2022 -11- seen that the compensation was enhanced after taking all the above factors into consideration. The nature of the land, the cultivation therein, the commercial importance of the area and the manner in which the land was affected by drawing of the lines are all seen considered for fixing the land value as well as the percentage of diminution. Based on the above factors and a comparison of the petition schedule property with the property involved in Ext.A5, the court below has fixed the land value at Rs.2,02,571/- per cent, viz, 10% less than the value shown in Ext.A5 document, which according to me, is reasonable. Similarly, discretion was properly exercised by the court below in granting 40% of the land value as compensation for the central corridor and 20% for the outer corridors. The court below has granted Rs.1,00,000/- as additional compensation, finding the electric lines were drawn across the centre of the property, which also I find to be just and CRP Nos.395/2021 & 163/2022 -12- proper. 9. The contention of the Corporation that the Government having fixed the fair value, the court below could not have fixed a higher value is liable to be rejected since, while assessing the damage sustained and fixing the compensation, the court is not bound by the guidelines/orders issued by the Government. The contention that the court below committed an illegality in awarding 9% interest cannot also be sustained in the light of the decision of this Court in _**V.V.**_ ## _**Jayaram v Kerala State Electricity Board [2015**_ _**(3) KHC 453].**_ As such, there is no illegality or material irregularity in the impugned order, warranting intervention by this Court in exercise of the revisional power under Section 115 of the Code of Civil Procedure. 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 CRP Nos.395/2021 & 163/2022 -13- 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 her filing appropriate application. **==> picture [35 x 12] intentionally omitted <==** **V.G.ARUN JUDGE** Scl/