Power Grid Corporation of India Ltd. v Power Grid Corporation of India Ltd. v Mathew C.C., Yoyak C.V., C.P. Mathew and Haris S/o Ussain (CRP Nos. 616/2018, 619/2018, 622/2018 and 626/2018)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V.G. Arun
- Judgment Date
- 2024-03-13
- Court Decision / Holding
- The civil revision petitions are dismissed accordingly.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- Power Grid Corporation of India Ltd rep. by its Additional General Manager, Urrapuram, Areacode, Malappuram Dt.
Respondents
- Mathew C.C. S/o.Chacko, Chettakkattill (H), Puthuppadi Village, Kozhikode Taluk, Kozhikode District - 673 001.
- Yoyak C.V S/o.Varkey, Chuvatt (H), Engapuzha, Puthupppadi Village, Kozhikode Taluk, Kozhikode District - 673 001.
- C.P.Mathew S/o Pauloose, Chettakkatil (H), Puthupppadi Village, Kozhikode Taluk, Kozhikode District - 673 001.
- Haris S/o. Ussain, Ayyil (H), P.O. Puthupppadi, Puthupppadi Village, Kozhikode Taluk, Kozhikode District.
Legal Representation & Advocates
Counsels for Petitioners
- • Sri E.M. Murugan
Counsels for Respondents
- • Sri V.V. Surendran
- • Sri P.A. Harish
Case Synopsis & Summary
Power Grid Corporation of India Ltd., the revision petitioner, challenges enhanced compensation awarded by the Kozhikode Additional District Court / I Addl MACT for diminution in land value and loss of trees caused by the drawing of 400 KV transmission lines across lands in Puthuppadi village. Four connected matters, CRP Nos. 616/2018, 619/2018, 622/2018 and 626/2018, arose from OP Nos. 430/2012, 470/2012, 111/2013 and 144/2013, where the land was cultivated with various trees. After remand, the lower court computed the affected areas, fixed land values per plot, and directed compensation—40% of land value for OP 430/12; 25% for the corridor and 100% for the area taken by towers in the remaining OPs. The Corporation contends that the land value fixed lacks legal evidence and the enhanced compensation exceeds the Government’s 15% diminution guideline. The respondents argue the enhancement is reasonable, reflecting situs, extent of impact, and market value, noting the absence of a one-size-fits-all formula. The High Court, however, held that the trial court’s assessment rested on site-specific factors, not bound by government guidelines, and cited P. Raghavan v. KSEB to justify this discretionary approach. Consequently, the revisions are dismissed; enhanced compensation must be paid within three months, and any deposited sums released on application.
Provisions of Law Cited
Legal Doctrines & Maxims
- No straight jacket formula can be applied.
- Court is not bound by Government guidelines in assessing damages/compensation.
Submissions & Arguments
Contentions of Appellants / Petitioners
The land value fixed by the trial court is not based on legal evidence; the enhanced compensation is unreasonable and far exceeds the Government’s 15% diminution cap. The use of Ext.A32 for land value and Exts.C1 and C2 to show locational variation indicates that a straight jacket formula cannot govern a site-specific assessment. The court below relied on a bespoke valuation rather than a uniform standard, and Government guidelines cannot bind judicial discretion in fixation of compensation. Reliance on P. Raghavan v. KSEB (CRP No.3256 of 2001) is invoked to show that guidelines do not preempt the court’s evaluation of evidence and market value. The revision petitions deserve remand or recalculation with proper consideration of yield from trees, actual diminution, and credible evidence of land value. The petitioners seek recalculation within the law and on the basis of evidence adduced, avoiding windfall or excessive award.
Contentions of Respondents
The enhanced compensation is reasonable, reflecting situs, extent of impact, and the market value of lands. Each plot has distinct locational features, and the court below properly fixed land values and the percentage of diminution for the affected areas—40% for OP430/12, 25% for corridor portions, and 100% for areas occupied by towers. The Government’s 15% guideline is not binding; the court’s discretion, guided by evidence and long-standing practice, justifies the higher awards. The decision in P. Raghavan v. KSEB supports not being bound by guidelines while ensuring a fair appraisal of the actual damage. The respondents argue that the court’s approach is consistent with the evidence on record and should stand, with enhanced compensation to be paid within the stipulated period.”},
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| P. Raghavan v. KSEB | CRP No.3256 of 2001 | Positive | Cited as supportive authority for not being bound by Government guidelines in determining compensation; endorses the discretionary approach adopted by the trial court. |
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