The Kerala State Electricity Board v. Rajamma and others (CRP Nos. 617-619, 626/2013 and CRP Nos. 574-577/2014) - High Court of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** **CRP NO. 617 OF 2013** **AGAINST THE ORDER IN OPELE 60/2004 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PO, THIRUVANANTHAPURAM 695 004. BY ADVS. SRI.K.M.SATHYANATHA MENON,SC,KSEB SRI.N.SATHEESH R.HARISHANKAR ## **RESPONDENT/S:** RAJAMMA D/O.NARAYANI AMMA, CHENKKARA HOUSE, NORTH MAZHUVANNOOR, IRAPURAM, VILLAGE, KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT, PIN 686 689 BY ADV SRI.P.C.HARIDAS THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.618/2013, 619/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** **CRP NO. 618 OF 2013** **AGAINST THE ORDER IN OPELE 58/2004 OF ADDITIONAL DISTRICT** ## **COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PO, THIRUVANANTHAPURAM 695 004. BY ADVS. SRI.K.M.SATHYANATHA MENON,SC,KSEB SRI.N.SATHEESH R.HARISHANKAR ## **RESPONDENT/S:** VARGHESE S/O.KUNJIKURU, MENGOTTUMARIYIL, NORTH MAZHUVANNOOR, IRAPURAM VILLAGE, KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT,PIN 686 689. BY ADV SRI.P.C.HARIDAS THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.619/2013, 617/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -3- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** **CRP NO. 619 OF 2013** **AGAINST THE ORDER IN OPELE 61/2004 OF ADDITIONAL DISTRICT** ## **COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM - 695 004. BY ADVS. SRI.K.M.SATHYANATHA MENON,SC,KSEB SRI.N.SATHEESH R.HARISHANKAR ## **RESPONDENT/S:** KUNJUKURU CHERIA MEGOTTUMARIYIL HOUSE, NORTH MAZHUVANNOOR, IRAPURAM VILLAGE, KUNNATHUNADU VILLAGE, ERNAKULAM DISTICT, PIN: 686 689. BY ADV SRI.P.C.HARIDAS THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.617/2013, 619/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -4- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** ## **CRP NO. 626 OF 2013** **AGAINST THE ORDER IN OPELE 56/2004 OF ADDITIONAL DISTRICT** ## **COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM-695004. BY ADVS. SRI.K.M.SATHYANATHA MENON,SC,KSEB SRI.N.SATHEESH R.HARISHANKAR ## **RESPONDENT/S:** 1 M.K.VARGHESE S/O. KUNJIKURU, MEGOTTUMARIYIL, N. MEZHUVANNOOR, IRAPURAM VILLAGE, MUDAVOOR VIA, ERNAKULAM DISTRICT. PIN-686689. 2 MARIAMMA W/O. VARGHESE, MEGOTTUMARIYIL, N. MAZHUVANNOOR, IRIAPURAM VILLAGE, MUDAVOOR VIA, ERNAKULAM DISTRICT-686689. BY ADV SRI.P.C.HARIDAS THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06.12.2023, ALONG WITH CRP.617/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -5- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** ## **CRP NO. 574 OF 2014** **AGAINST THE ORDER IN OPELE 56/2004 OF ADDITIONAL DISTRICT** **COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** 1 M.K.VARGHESE AGED 40 YEARS S/O.KUNIKURU, MEGOTUMURIYIL, NORTH MAZHUVANNOOR IRAPURAM VILLAGE, MUDAVOOR VIA, ERNAKULAM DIST 2 MARIAMMA WO.VARGHESE AGED 56 YEARS MEGOTUMURIYIL, NORTH MAZHUVANNOOR IRAPURAM VILLAGE, MUDAVOOR VIA, ERNAKULAM DIST. BY ADV SRI.P.C.HARIDAS ## **RESPONDENT/S:** KERALA STATE ELECTRICITY BOARD PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.K.P.ASHOK KUMAR, SC, KERALA STATE ELECTRICITY BOARD LIMI R.HARISHANKAR THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.618/2013, 619/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -6- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** **CRP NO. 575 OF 2014** **AGAINST THE ORDER IN OPELC 58/2004 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** M.K. VARGHESE AGED 40 YEARS S/O.KUNIKURU,MEGOTUMURIYIL,NORTH MAZHUVANNOOR,IRAPURAM VILLAGE,MUDAVOOR VIA,ERNAKULAM DIST BY ADV SRI.P.C.HARIDAS ## **RESPONDENT/S:** KERALA STATE ELECTRICITY BOARD PATTOM,THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY 695 004 BY ADVS. SRI.K.P.ASHOK KUMAR, SC, KERALA STATE ELECTRICITY BOARD LIMI SRI.N.SATHEESH R.HARISHANKAR THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.618/2013, 619/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -7- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945** **CRP NO. 576 OF 2014** **AGAINST THE ORDER IN OPELC 60/2004 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** RAJAMMA AGED 71 YEARS D/O.NARAYANI AMMA,CHENAKKARA HOUSE,NORTH MAZHUVANNOOR,IRAPURAM VILLAGE,KUNNATHUNADU TALUK BY ADV SRI.P.C.HARIDAS ## **RESPONDENT/S:** KERALA STATE ELECTRICITY BOARD PATTOM,THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY 695 004 BY ADVS. SRI.K.P.ASHOK KUMAR, SC, KERALA STATE ELECTRICITY BOARD LIMI SRI.N.SATHEESH R.HARISHANKAR THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.618/2013, 619/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -8- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023 / 15TH AGRAHAYANA,** ## **1945** **CRP NO. 577 OF 2014** **AGAINST THE ORDER IN OPELE 61/2004 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR** ## **REVISION PETITIONER/S:** KUNJUKURU CHERIA AGED 85 YEARS MEGOTTUMURIYIL, NORTH MAZHUVANNOOR, IRAPURAM VILLAGE, KUNNATHUNADU TALUK. BY ADV SRI.P.C.HARIDAS ## **RESPONDENT/S:** KERALA STATE ELECTRICITY BOARD PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY - 695 004. BY ADVS. SRI.K.P.ASHOK KUMAR, SC, KERALA STATE ELECTRICITY BOARD LIMI SRI.N.SATHEESH R.HARISHANKAR THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH CRP.618/2013, 619/2013 AND CONNECTED CASES, THE COURT ON 06.12.2023 DELIVERED THE FOLLOWING: CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -9- ## **ORDER** Dated this the 06[th] day of December, 2023 The property owners, who had filed original petitions claiming enhanced compensation towards value of trees cut and diminution of land value, as well as the Electricity Board that had drawn 110 KV Electric Lines, have filed these revision petitions. CRP Nos.574 of 2014 and 626 of 2013 are filed by the claimants and the KSEB respectively against the order in OP (Electricity) No.56 of 2004 of the Additional District Court, North Paravur. Likewise, CRP Nos.575 of 2014 and 618 of 2013 are filed against the order in O.P.(Electricity) No.58 of 2004, CRP Nos.576 of 2014 and 617 of 2013 against the order in O.P.(Electricity) No.60 of 2004 and CRP Nos.577 of 2014 and 619 of 2013 are filed against the order in O.P.(Electricity) No.61 of 2004. CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** The properties involved in these civil revision petitions are lying contiguously. Before the District Court, O.P.(Electricity) No.56 of 2004 was taken as the lead case. The Advocate Commissioner appointed by the court below submitted report and sketch with respect to all the properties. Based on the documentary and oral evidence tendered, the court below assessed the value of trees, fixed the land value and reckoned the percentage of diminution. 2. The property owners contend that the value of trees and the land value fixed are much less than the actual value. Likewise, the diminution of land value assessed is much less than the actual injurious affection. The Electricity Board, on the other hand, would contend that the compensation awarded by the court below is excessive. 3. I heard Adv.P.C.Haridas for the property CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** owners and Adv.R.Harishankar, assisted by Adv. Nabil Khader for the KSEB Ltd. 4. The contentions on behalf of the property owners were put forth based on the findings in O.P.(Electricity) No.56 of 2004. It is argued that, in Ext.A2 sale deed produced in O.P.(Electricity) No.56 of 2004, the land price was shown as Rs.17,500/- per cent. In spite of there being evidence as to the land value in the area and the commercial importance of the property having been reported by the Advocate Commissioner, the market value of the land was fixed as Rs.20,000/- per cent. It was so done on the premise that in the original petition and proof affidavit, the land owners had shown the centage value as Rs.20,000/-. The decision in ## _**Bhimasha v. Land Acquisition Officer and Another**_ _**[(2008) 10 SCC 797],**_ is relied on to contend that, once the High Court is convinced that the CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -12- property would fetch higher market value, enhanced compensation, even in excess of the amount claimed, can be awarded, subject to payment of balance court fee. It is contended that the court below grossly erred in fixing the injurious affection at 30% of the land value, contrary to the report of the Advocate Commissioner that the market value of the property would have diminished by at least 50% due to drawing of the lines. It is submitted that in O.P.(Electricity) Nos.58 of 2004, diminution of land value is fixed at 40%, even though the property is having no road frontage. 5. Learned Counsel submitted that in O.P. (Electricity) No.56 of 2004, the court below, on an erroneous calculation, fixed the affected area as 11.175 cents. 6. Learned Counsel submitted that in the other original petitions also, the claimants were CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** not awarded just compensation for diminution of land value and loss sustained by the cutting of yielding trees. 7. Learned Counsel for the Electricity Board contended that, even after drawing the electric lines, the land underneath and adjacent to the lines can be utilised. Even constructions up to a certain height can be effected in that land. Being so, the court below erred in fixing the diminution of land value at 30% and 40%. Before reaching such conclusion, the court below was bound to take into account the permissible activities and constructions under and adjacent to High Tension Lines. Such exercise not having been undertaken, the revision petitions of the Electricity Board are liable to be allowed and the matters remanded to the court below. 8. While the property owners seek enhancement for diminution of land value, CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** contending that the land value fixed is less than the market value, in the original petitions and in the testimonies before the court, their consistent case was that the property is worth above Rs.20,000/-. Moreover, no reliance could be placed on Ext.A2 produced in O.P.(Electricity) No.56 of 2004, as that document is with respect to a small extent of land. In such circumstances, there is no reason to interfere with the market value of Rs.20,000/- fixed in O.P.(Electricity) Nos.56, 60 and 61 of 2004. In O.P (Electricity) No.58 of 2004, the claimant's case that his property is worth Rs.10,000/- per cent was accepted by the court below and the land value fixed accordingly. 9. Having held as above, I find merit in the challenge against the fixation of diminution of land value at 30% in O.P.(Electricity) Nos.56 and 60 of 2004. As rightly contended by the CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -15- Counsel for the claimants, there is no justification in fixing the diminution of land value with respect to the properties having road frontage as 30%, while granting 40% for the property without road frontage. Moreover, the Advocate Commissioner had assessed the diminution as 50% in three cases and 60% in O.P. (Electricity) No.60 of 2004. The sketch prepared by the Advocate Commissioner also indicates the extent of injurious affection. 10. In O.P.(Electricity) No.56 of 2004, the Advocate Commissioner had measured the land falling directly under the High Tension Lines as 3.300 cents and the land on either side of the lines, which are also injuriously affected, as 9.875 cents. In the impugned judgment, the total affected area (3.300 cents + 9.875 cents) is calculated as 11.175 cents. This, as rightly pointed out by Adv.P.C.Haridas, can only be a CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** mistake since the total area would come to 13.175 cents. 11. A perusal of the impugned order shows that, on the enhanced compensation, interest at the rate of 9% per annum is granted from the date of original petition. This is against the dictum laid down in _**KSEB v. Maranchi Matha and**_ _**Others [2008(1) KLT 1038].**_ Therein, the Division Bench held that the interest is to be calculated from the date of cutting of trees, that being the most definite date. The objections and counter statements filed before the District Court reveal that in O.P.(Electricity) Nos.56 and 61 of 2004, the Electricity Board has stated the date of cutting of trees as 21.11.2002 and in O.P. (Electricity) Nos.58 and 60 of 2004, as 02.01.2002. Following the decision in _**Maranchi**_ _**Matha** (supra)_ , interest on the enhanced compensation will have to be paid with effect CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** from the aforementioned dates. 12. The contention of the KSEB that the court below failed to consider the fact that the land beneath and adjacent to the High Tension Lines can be utilised for permissible activities cannot be countenanced, since no material in support of the contention is seen produced. In the result, CRP Nos.617, 618, 619 and 626 of 2013 filed by the KSEB are dismissed. CRP Nos.574, 575, 576 and 577 of 2014 filed by the claimants are partly allowed. The impugned order will stand modified as under; - (i) The affected area in O.P.(Electricity) No.56 of 2004 is re-fixed as 13.175 cents. (ii) The diminution of land value in O.P(Electricity) Nos.56 and 60 of 2004 is enhanced to 40%. (iii) The claimants will be entitled for interest on the enhanced compensation at 9% from the date of cutting of trees. CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 **==> picture [23 x 9] intentionally omitted <==** Accordingly, the additional compensation in the civil revision petitions filed by the claimants is re-fixed as under; ## _**CRP No.574 of 2014**_ Total affected area :[13.175 cents] Land value per cent :[Rs.20,000/-] Diminution of land :[40%] value Additional compensation :[13.175 x 20,000 x 40/100] = Rs.1,05,400/- with interest at the rate of 9% from 21.11.2002 till realisation. ## _**CRP No.575 of 2014**_ No additional compensation, but the compensation awarded by the court below will carry interest at the rate of 9% from 02.01.2002 till realisation. ## _**CRP No.576 of 2014**_ Total affected area :[22.1 cents] Land value per cent :[Rs.20,000/-] Diminution of land value : 40% Additional compensation :[22.1 x 20,000 x 40/100 ] = Rs.1,76,800/- with interest at the rate of 9% from 02.01.2002 till realisation. CRP Nos.617, 618, 619, 626/2013, 574, 575, 576 & 577/2014 -19- _**CRP No.577 of 2014**_ No additional compensation, but the compensation awarded by the court below will carry interest at the rate of 9% from 21.11.2002 till realisation. Sd/- **V.G.ARUN JUDGE** Scl/