High Court of KeralaSingle JudgeCRP Nos.9 & 21 of 2022 dismissed.

Jacob and Annie Jacob v Power Grid Corporation of India Ltd.

Case / Petition Number:CRP Nos.9 & 21 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • V.G. Arun
Judgment Date
2024-04-25
Court Decision / Holding
Civil Revision Petitions Nos.9 & 21 of 2022 are dismissed. The enhanced compensation fixed by the court below is affirmed and must be paid within three months of the order. Any deposited amount should be released to the claimants on proper application.
Final Disposition
CRP Nos.9 & 21 of 2022 dismissed.

Parties to the Case

Appellants / Petitioners

  • Jacob
  • Annie Jacob

Respondents

  • Power Grid Corporation of India Construction Area Office, Mavelipuram Colony, Kakkanad, Cochin 682030 (Now in PAO/400, 220 KV Substation, Kumarapuram P.O, Pallikara, Cochin 682030)
  • The Special Tahsildar (LA), Power Grid Corporation of India Ltd, Chevarambalam, Kozhikode 673017
  • State of Kerala represented by District Collector, Ernakulam, Kochi 682030
  • Kerala State Electricity Board represented by Chairman and Managing Director, KSEB Ltd., Thiruvananthapuram 695001

Legal Representation & Advocates

Counsels for Petitioners

  • • P. T. Jose

Counsels for Respondents

  • • Millu Dandapani
  • • Praveen K. Joy
  • • Riji Rajendran
  • • GOVERNMENT PLEADER
  • • R. Harishankar

Case Synopsis & Summary

These Civil Revision Petitions arising from an order of the Additional District Judge VI, Ernakulam in O.P.(Electricity) No. 683 of 2014 concern compensation for land and trees affected by the laying of 400 kV transmission lines by the Power Grid Corporation of India Ltd. The claimants, Jacob and Annie Jacob, sought enhanced compensation for the value of trees felled and for diminution in land value caused by the corridor created for the high-tension lines on their 20.24 acres in Sy. No. 81/2 of Manjapra, Aluva Taluk. The court below rejected the claim for tree value enhancement for lack of independent evidence but revised land value using Ext.A7 and a Commissioner's report, determining a land value of Rs. 2,02,571 per cent and allowing 40% of central corridor and 20% of outer corridor as compensation, with a 10% deduction from Ext.A7. The Power Grid Corporation contends the enhancement is excessive, and the court’s reliance on Ext.A7 is unjustified, arguing the government’s compensation package guidelines are not binding. The petitioners contend the Commissioner's findings and the extent of damage warrant higher compensation. The Kerala High Court, after evaluating the Advocate Commissioner’s report, the situs and distance factors, and the applicable law, holds that the lower court’s approach was reasonable and not in error; it is not bound by government guidelines and a 9% interest on compensation is permissible per V.V. Jayaram. Consequently, both CRP Nos.9 and 21 of 2022 are dismissed, and the enhanced compensation fixed by the lower court is to be paid within three months.

Provisions of Law Cited

Code of Civil Procedure, Section 115

Legal Doctrines & Maxims

  • Not bound by Government compensation guidelines when assessing damages; court may determine compensation based on evidence rather than executive packages.
  • Diminution in land value due to high-tension lines depends on situs, distance, extent of line, and impact on land use (as laid down in KSEB v. Livisha, 2007)
  • Interest on compensation at 9% is permissible (cited in V.V. Jayaram v Kerala State Electricity Board, 2015 (3) KHC 453).

Submissions & Arguments

Contentions of Appellants / Petitioners

The claimants contended that the impugned order betrayed illegality by denying enhanced compensation for the value of trees felled and for diminution in land value, ignoring the Advocate Commissioner’s findings that the property lies 270 metres from a bus route and abuts a Panchayat road. They argued that Ext.A7 undervalued the property and that the central corridor (3.015 cents) and outer corridor (7.410 cents) should attract higher percentages of land value than 40% and 20%, especially given the land’s use and distance from roads, which increases the land’s de facto value loss. They asserted that the court should rely on the Commissioner's assessment and contemporaneous government data, and that the 10% deduction from Ext.A7 was arbitrary and unsupported by evidence. They also urged that the court consider the substantial damage to land use and potential future value loss along the corridor, and that a higher rate of interest on compensation be adopted in line with judicial precedents.

Contentions of Respondents

The corporation contended that the enhanced compensation for trees was unwarranted due to lack of corroborative independent evidence and that reliance on Ext.A7 was misplaced. It argued that the Central and Outer corridor valuations of 40% and 20% are excessive and not supported by the facts. The respondents insisted that the court was free to assess compensation independently of government policies and guidelines and that the advocate commissioner's report was not superior to contemporaneous government valuations. They also challenged the 9% interest claim and urged adherence to established valuations and industry standards, noting the Commissioner's assessment aligned with the Mahazar on record and that the lower court’s decision was reasonable and in line with legal precedents.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
KSEB v. Livisha[(2007) 6 SCC 792]PositiveThe court cites the factors from KSEB v. Livisha to determine diminution in land value, including situs, distance, and extent of line.
V.V. Jayaram v Kerala State Electricity Board[2015 (3) KHC 453]PositiveCited to justify allowing 9% interest on compensation as per precedent.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 25[TH] DAY OF APRIL 2024 / 5TH VAISAKHA, 1946** ## **CRP NO. 9 OF 2022** **AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.683 OF 2014 OF VI ADDITIONAL DISTRICT COURT, ERNAKULAM** **REVISION PETITIONER/S:** - **1 JACOB AGED 65 YEARS S/O. POULO, MADAN HOUSE, MANJAPRA, ANGAMALY 683581** - **2 ANNIE JACOB AGED 61 YEARS W/O. JACOB, MADAN HOUSE, MANJAPRA, ANGAMALY 683581 BY ADV P.T.JOSE** ## **RESPONDENT/S:** - **1 POWER GRID CORPORATION OF INDIA CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY, KAKKANAD, COCHIN 682 030 NOW IN PAO/400, 220 KV SUBSTATION, KUMARAPURAM P.O, PALLIKKARA, COCHI 682 030 REPRESENTED BY DEPUTY MANAGER** - **2 THE SPECIAL TAHSILDAR (L.A) POWERGRID CORPORATION OF INDIA LTD, CHEVARAMBALAM, KOZHIKKODE 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 - KSEB REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, KSEB LTD, THIRUVANANTHAPURAM 695 001 BY ADV R.HARISHANKAR** ## **OTHER PRESENT:** **SC FOR KSEB RIJI RAJENDRAN SR.GP. V.TEKCHAND SC FOR POWERGRID PRAVEEN K.JOY AND MILLU DANDAPANI** **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON** **31.01.2024, ALONG WITH CRP.21/2022, THE COURT ON 25.04.2024** **DELIVERED THE FOLLOWING:** CRP Nos.9 & 21 of 2022 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 25[TH] DAY OF APRIL 2024 / 5TH VAISAKHA, 1946** **CRP NO. 21 OF 2022** **AGAINST THE ORDER/JUDGMENT DATED 01.01.1970 IN OPELE NO.683 OF** **2014 OF VI ADDITIONAL DISTRICT COURT, ERNAKULAM** ## **REVISION PETITIONER/S:** **POWER GRID CORPORATION OF INDIA LTD. CONSTRUCTION AREA OFFICE, MAVELIPURAM COLONY, KAKKANAD, COCHIN-682030, PRESENTLY AT CONSTRUCTION AREA OFFICE, 400/220, KV SUB STATION, KUMARAPURAM P.O., PALLIKKARA, ERNAKULAM-683565, REPRESENTED BY ITS SENIOR DEPUTY GENERAL MANAGER.** ## **BY ADV MILLU DANDAPANI** ## **RESPONDENT/S:** |**1**|**JACOB**| |---|---| ||**AGED 57 YEARS**| ||**S/O. LATE POULO, MADAN HOUSE, MARYGIRI, MANJAPRA PO,**| ||**ANGAMALY, ERNAKULAM-683581.**| |**2**|**ANNIE JACOB,**| ||**AGED 53 YEARS**| ||**W/O.JACOB, MADAN HOUSE, MARYGIRI, MANJAPRA PO,**| ||**ANGAMALY, ERNAKULAM-683581.**| |**3**|**THE SPECIAL TAHSILDAR (LA),**| ||**POWER GRID CORPORATION OF INDIA LTD., CHEVARAMBALAM,**| ||**KOZHIKODE-673017.**| |**4**|**STATE OF KERALA**| ||**REP. BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI-682030.**| |**5**|**KERALA STATE ELECTRICITY BOARD,**| ||**REP. BY CHAIRMAN & MANAGING DIRECTOR, KSEB LTD.,**| ||**THIRUVANANTHAPURAM-695001.**| ||**BY ADVS.**| ||**P.T.JOSE**| ||**GOVERNMENT PLEADER**| ||**R.HARISHANKAR**| **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON** **31.01.2024, ALONG WITH CRP.9/2022, THE COURT ON 25.04.2024 DELIVERED THE FOLLOWING:** CRP Nos.9 & 21 of 2022 -3- ## **ORDER** Dated this the 25[th] 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.683 of 2014. The original petition was filed by the revision petitioners in CRP No.9 of 2022 (hereinafter called 'the claimants'), being dissatisfied with the compensation awarded towards the damage and loss sustained due to the drawing of 400 KV lines across their property by the Power Grid Corporation of India Ltd (hereinafter called 'the Corporation'). The essential facts are as under; The claimants are in ownership and possession of landed property having an extent of 20.24 Ares comprised in Sy.No.81/2 of Manjapra Village in Aluva Taluk. The land was cultivated with various yielding and non-yielding trees. According to the CRP Nos.9 & 21 of 2022 -4- claimants, to facilitate drawing of the lines and smooth transmission of power, large number of trees were cut from their 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 claimants, only an amount of Rs.93,589/- 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.A7 CRP Nos.9 & 21 of 2022 -5- document as well as Exts.C8 and C8(a) commission report and sketch. The Advocate Commissioner reported that the claimants' property is situated at a distance of 270 metres from Manjapra-Chully Road, which is a bus route and also abuts the Panchayat Anganavadi Road. Based on the said factors, the court below fixed the land value of the claimants' property at Rs.2,02,571/- per cent, by deducting 10% of the land value of the property involved in Ext.A7 document. Relying on Ext.C8(a) sketch, the extent of central corridor was held to be 3.015 cents and that of the outer corridor, 7.410 cents. For the central corridor, 40% of the land value was granted as compensation and for outer corridor, 20% of the land value. Accordingly, the claimants were found entitled to compensation of Rs.5,44,510/-. Dissatisfied with the quantum of enhancement, the claimants have filed CRP No.9 of 2022, whereas the Corporation has filed CRP No.21 of 2022 contending that the CRP Nos.9 & 21 of 2022 -6- enhancement ordered is far in excess of the actual damage sustained. 3. Heard Adv.P.T.Jose for the claimants and Adv.Millu Dandapani for the Corporation. 4. Learned Counsel for the claimants 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 also reported by the Commissioner that the claimants' property is situated at a distance of 270 metres from Manjapra-Chully Road, which is a bus route and also abuts the Panchayat Anganavadi Road. Without properly considering these crucial factors, 10% deduction was made from the value of the property involved in Ext.A7 document. 5. It is further submitted that the court below grossly erred in granting only 40% of the land value for the central corridor and only 20% CRP Nos.9 & 21 of 2022 -7- for outer corridor. 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.A7 for fixing the land value of the claimants' property. As the drawing of electric lines does not prohibit the landowners from conducting agricultural activities and putting up small structures, 40% of land value granted for central corridor and 20% for the outer corridor are exorbitant. 7. A careful scrutiny of the impugned order reveals that the claim for enhancement of compensation towards the value of trees cut was CRP Nos.9 & 21 of 2022 -8- 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 witness, who is the claimants in one of the connected cases, no other independent witnesses were examined. The court below also took note of the fact that the Commissioner's assessment was based on the Mahazar, whereas the Corporation has assessed the compensation on the basis of details furnished by the Government departments. It was therefore held that the evidence let in by the claimants was 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_ CRP Nos.9 & 21 of 2022 -9- _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 seen that the compensation was enhanced after taking all the above factors into consideration. The nature of the land, the cultivation therein, 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.A7, the court below has fixed the land value at Rs.2,02,571/- per cent, viz, 10% less than the value shown in CRP Nos.9 & 21 of 2022 -10- Ext.A7 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 corridor. 9. The contention of the Corporation that the Government having declared special compensation package, the court below ought to have fixed the compensation in accordance with the package 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 CRP Nos.9 & 21 of 2022 -11- 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 claimants 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 claimants on their filing appropriate application. ## Sd/- **V.G.ARUN JUDGE** Scl/