UNNIKRISHNAN P.M. v. POWER GRID CORPORATION OF INDIA CONSTRUCTION AREA OFFICE; POWER GRID CORPORATION OF INDIA CONSTRUCTION AREA OFFICE v. UNNIKRISHNAN P.M.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 21[ST] DAY OF MAY 2024 / 31ST VAISAKHA, 1946** ## **CRP NO. 364 OF 2021** **AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.547 OF 2013 OF VI** ## **ADDITIONAL DISTRICT COURT, ERNAKULAM** ## **REVISION PETITIONER/S:** **UNNIKRISHNAN P.M AGED 59 YEARS S/O. MADHAVAGURUKKAL PUTHENPURAYIL HOUSE, CHERANALLOR, KOOVAPADI VILLAGE , KUNNATHUNADU TALUK, ERNAKULAM, PIN - 683544** **BY ADV P.T.JOSE** ## **RESPONDENT/S:** - **1 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 REPRESENTED BY ITS SENIOR GENERAL MANAGER, PIN - 683565** - **2 THE SPECIAL TAHSILDAR (L.R), POWER GRID CORPORATION OF INDIA LTD. CHEVERAMBALAM,KOZHIKODE, NOW IN KAKKANAD P.O, PIN - 682030** - **3 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR ERNAKULAM, KOCHI - 682021** - **4 KERALA STATE ELECTRICITY BOARD REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR KSEB LTD, THIRUVANANTHAPURAM - 695 001. BY ADVS. R.HARISHANKAR SHRI.PRAVEEN K. JOY, POWER GRID CORPORATION OF INDIA LIMITED** ## **OTHER PRESENT:** **K.A.HARISH SR. GP.,A,ARUN KUMAR SC KSEB,PRAVEEN K.JOY R1** **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON** **19.02.2024, ALONG WITH CRP.200/2022, THE COURT ON 21.05.2024** **DELIVERED THE FOLLOWING:** CRP Nos.364 of 2021 and 200 of 2022 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 21[ST] DAY OF MAY 2024 / 31ST VAISAKHA, 1946** **CRP NO. 200 OF 2022** **AGAINST THE ORDER/JUDGMENT DATED 31.03.2021 IN OPELE NO.547 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 REPRESENTED BY ITS SENIOR GENERAL MANAGER, PIN - 683565 BY ADV MILLU DANDAPANI** ## **RESPONDENT/S:** - **1 UNNIKRISHNAN P.M AGED 59 YEARS S/O. MADHAVAGURUKKAL PUTHENPURAYIL HOUSE, CHERANALLOR, KOOVAPADI VILLAGE , KUNNATHUNADU TALUK, ERNAKULAM, PIN - 683544** - **2 THE SPECIAL TAHSILDAR (LA) POWER GRID CORPORATION OF INDIA LTD. CHEVARAMBALAM, KOZHIKODE, PIN - 673017** - **3 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI, PIN - 682030** - **4 KERALA STATE ELECTRICITY BOARD - KSEB REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR KSEB LTD., THIRUVANANTHAPURAM, PIN - 695001 BY ADV P.T.JOSE** **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON** **19.02.2024, ALONG WITH CRP.364/2021, THE COURT ON 21.05.2024 DELIVERED THE FOLLOWING:** CRP Nos.364 of 2021 and 200 of 2022 -3- CRP Nos.364 of 2021 and 200 of 2022 -4- CRP Nos.364 of 2021 and 200 of 2022 -5- ## **ORDER** Dated this the 21[st] day of May, 2024 These revision petitions are filed challenging the order passed by the Additional District Judge-VI, Ernakulam in O.P.(Electricity) No.547 of 2013. The original petition was filed by the revision petitioner in CRP No.364 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 his 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 19 Ares in Sy.No.40/15 of Koovappady Village in Kunnathunadu Taluk. The land was cultivated with various CRP Nos.364 of 2021 and 200 of 2022 -6- yielding and non-yielding trees. According to the claimant, to facilitate drawing of the lines and smooth transmission of power, large number of trees were cut from his 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.1,14,523/- 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.364 of 2021 and 200 of 2022 -7- document as well as Exts.C8 and C8(a) commission report and sketch. The court below adopted 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 15.616 cents and that of the outer corridors, 15.62 cents (15.320 + 0.300). For the central corridor, 40% of the land value was granted as compensation and for the outer corridors, 20% of the land value. Accordingly, the claimant was found entitled to compensation of Rs.15,92,405/-. Dissatisfied with the quantum of enhancement, the claimant has filed CRP No.364 of 2021, whereas the Corporation has filed CRP No.200 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. 4. Learned Counsel for the claimant contended that the court below committed gross illegality in refusing to grant enhanced CRP Nos.364 of 2021 and 200 of 2022 -8- compensation for the loss sustained due to the cutting of valuable trees, in spite of the Advocate Commissioner assessing and reporting the loss. The findings in the Commissioner's report were not relied on by the court below for the reason that the property was inspected much after the trees were cut. The said reasoning is flawed since the trees were cut much after issuance of notification by the Corporation and the cause of action for filing the original petition arose only on payment of the initial compensation, even later. 5. It is submitted that the court below grossly erred in granting only 40% of the land value for the central corridor and 20% for the outer corridors. According to the learned Counsel, 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. CRP Nos.364 of 2021 and 200 of 2022 -9- 6. Learned Counsel for the Corporation contended that the compensation granted towards diminution in land value 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 claimant's property. As the drawing of electric 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. 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 in the absence of any supporting material other than the findings in the Advocate Commissioner's report. As found by the court below, apart from the interested testimony of a witness, the claimant in some of the connected cases, no other independent witness was examined. CRP Nos.364 of 2021 and 200 of 2022 **==> picture [25 x 8] intentionally omitted <==** The court below also took note of the fact that the trees had been cut and removed in the year 2011, whereas the Commissioner inspected the property much later. Therefore, the court below rightly refused to accept the assessment made by the Commissioner, which was based on an overview of the remaining trees in the petition schedule and neighbouring properties. On the other hand, the Corporation had assessed the yield on the basis of local inspection, enquiry and data furnished by the Government departments. Hence, it was rightly held by the court below that the evidence let in by the claimant is not sufficient to discard the contemporaneous valuation statement prepared by the Corporation. 8. For fixing the compensation payable towards diminution in land value, 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.364 of 2021 and 200 of 2022 **==> picture [25 x 7] intentionally omitted <==** _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, in the case at hand, the compensation was fixed 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. After considering the similarities of the properties involved, the court below adopted the land value in Ext.A7 document, which according to me, is reasonable. CRP Nos.364 of 2021 and 200 of 2022 **==> picture [25 x 7] intentionally omitted <==** Similarly, the 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. 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. CRP Nos.364 of 2021 and 200 of 2022 **==> picture [25 x 8] intentionally omitted <==** For the aforementioned reasons, the civil revision petitions filed by the claimant as well as the Corporation are dismissed. 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. The entire enhanced compensation shall be paid to the claimant within three months of receipt of a copy of this order. Sd/- **V.G.ARUN JUDGE** Scl/