POWER GRID CORPORATION OF INDIA LTD. v. LISSAMMA GEORGE
Case at a glance
- Decided
- 11 Mar 2024
- Bench
- V G ARUN
Outcome
Dismissed
The civil revision petitions are dismissed
Provisions considered
Key paragraphs
- Para 55. On careful scrutiny of the impugned order, it is seen that the compensation towards diminution in land value was fixed based on factors like situs of the land, the extent to which the land is adversely affected and the consequent diminution in the value…
Judgment
THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRP NO. 630 OF 2018 AGAINST THE ORDER/JUDGMENT DATED 23.03.2018 IN OP NO.329 OF 2010 OF ADDITIONAL DISTRICT COURT, KOZHIKODE REVISION PETITIONER/S: POWER GRID CORPORATION OF INDIA LTD. REP.BY ITS ADDITIONAL GENERAL MANAGER, UGRAPURAM, AREACODE, MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: C.P. VARGHESE AGED 40 YEARS AGED ABOUT 40, S/O.POULOSE, CHETTAKKATTIL (H), PUTHUPPADI P.O., PUTHUPPADI VILLAGE, KOZHIKKODE THALUK, KOZHIKKODE-673001. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20.12.2023, ALONG WITH CRP.624/2018 AND CONNECTED CASES, THE COURT ON 11.03.2024 DELIVERED THE FOLLOWING: CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -4- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRP NO. 634 OF 2018 AGAINST THE ORDER/JUDGMENT DATED IN OPELE NO.127 OF 2011 OF ADDITIONAL DISTRICT COURT, KOZHIKODE REVISION PETITIONER/S: POWER GRID CORPORATION OF INDIA LTD REP.BY ITS ADDITIONAL GENERAL MANAGER,UGRAPURAM,AREACODE,MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: PATHUMMAI AGED ABOUT 80,W/O ALIKUTTY HAJI,THUMBAMPARAMBIL(H),NADUKKANDIYIL,PUTHUPPADI .PO,PUTHUPPADI VILLAGE,KOZHIKKODE THALUK,KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20.12.2023, ALONG WITH CRP.624/2018 AND CONNECTED CASES, THE COURT ON 11.03.2024 DELIVERED THE FOLLOWING: CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -5- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRP NO. 636 OF 2018 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.229 OF 2010 OF ADDITIONAL DISTRICT COURT, KOZHIKODE REVISION PETITIONER/S: POWER GRID CORPORATION OF INDIA LTD REP,BY ITS ADDITIONAL GENERAL MANAGER, UGRAPURAM, AREACODE, MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: MUHAMMED PADINHARETHODIKAYIL, S/O.AHAMMED KUTTY, REPRESENTED BY P.A.HOLDER SAFIYA, CHEENIPARAMBIL, W/O.MUHAMMED, PADINHARETHODIKAYIL HOUSE, P.O.PUTHUPPADI, PUTHUPPADI VILLAGE, KOZHIKKODE TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20.12.2023, ALONG WITH CRP.624/2018 AND CONNECTED CASES, THE COURT ON 11.03.2024 DELIVERED THE FOLLOWING: CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -6- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRP NO. 644 OF 2018 AGAINST THE ORDER/JUDGMENT DATED 23.03.2018 IN OP NO.365 OF 2010 OF ADDITIONAL DISTRICT COURT, KOZHIKODE REVISION PETITIONER/S: POWER GRID COPORATION OF INDIA REP.BY ITS ADDITIONAL GENERAL MANAGER, URGAPURAM, AREACODE, MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: C.P.MATHEW AGED 48 YEARS AGED 48 YEARS, S/O. PAULOSE, CHETTAKKATTIL (H), PUTHUPPADI P.O., PUTHUPPADI VILLAGE, KOZHIKKODE THALUK, KOZHIKKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20.12.2023, ALONG WITH CRP.624/2018 AND CONNECTED CASES, THE COURT ON 11.03.2024 DELIVERED THE FOLLOWING: CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -7- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRP NO. 645 OF 2018 AGAINST THE ORDER/JUDGMENT DATED 23.03.2018 IN OPELE NO.243 OF 2010 OF ADDITIONAL DISTRICT COURT, KOZHIKODE REVISION PETITIONER/S: POWER GRID CORPORATION OF INDIA LTD REP.BY ITS ADDITIONAL GENERAL MANAGER,UGRAPURAM,AREACODE,MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: C P KADER AGED 50 YEARS,S/O HUSSAIN,KANNORAKANDY(H),CHEENAKKAMPOYIL,ELETTIL. P.O,KODUVALLI,ELETTIL VATTOLI,KOZHIKKODE THALUK,KOZHIKKODE-673001. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20.12.2023, ALONG WITH CRP.624/2018 AND CONNECTED CASES, THE COURT ON 11.03.2024 DELIVERED THE FOLLOWING: CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -8- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 CRP NO. 652 OF 2018 AGAINST THE ORDER/JUDGMENT DATED 23.03.2018 IN OP NO.143 OF 2010 OF ADDITIONAL DISTRICT COURT, KOZHIKODE REVISION PETITIONER/S: POWER GRID CORPORATION OF INDIA LTD REP.BY ITS ADDITIONAL GENERAL MANAGER, UGRAPURAM, AREACODE, MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: HUSSAIN MALAYIL HOUSE, P.O.KUPPAYAKODE, ENGAPUZHA VILLAGE, KOZHIKODE TALUK, KOZHIKDOE DISTRICT- 673001. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20.12.2023, ALONG WITH CRP.624/2018 AND CONNECTED CASES, THE COURT ON 11.03.2024 DELIVERED THE FOLLOWING: CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -9- ORDER Dated this the 11th day of March, 2024 The revision petitioner, Power Grid Corporation of India Ltd ('the Corporation' for short), is aggrieved by the enhanced compensation ordered to be paid to the respondents towards diminution in land value, consequent upon the drawing of 400 KV electric lines across the respondents' properties by the Corporation. The essential facts are as under; The respondents are in ownership and possession of various extents of landed property in Eangappuzha and Puthuppadi Villages in Kozhikode Taluk. The land was cultivated with various yielding and non-yielding trees. In order to facilitate drawing of 400 KV electric lines for the smooth transmission of power in the CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -10- Mysore-Kozhikode sector, large number of trees were cut from the properties. According to the respondents, the drawing of high tension lines had rendered the land underneath and adjacent useless, resulting in diminution of the land value. In spite of the huge loss suffered by the respondents, only small amounts were granted as compensation. Hence, the original petitions were filed by the respondents, seeking enhanced compensation towards the value of trees cut and diminution in land value. Being dissatisfied with the enhanced compensation ordered by the court, the respondents preferred civil revision petitions and the same were allowed by this Court and the cases remanded back with a direction to determine yield from each tree and to consider all components of diminution in land value including prevailing market price of the land and any new factor which may be brought to the notice of the court by the respondents. After remand, CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -11- the respondents filed a statement before the court below clarifying that they are not claiming additional compensation for loss in value of improvements than what has been ordered earlier. Accordingly, the court below considered the claim for enhanced compensation towards diminution in land value and passed the impugned order.
Heard learned Counsel appearing on either side.
Learned Counsel for the revision petitioner Corporation contended that the land value fixed is not based on legal evidence. Further, the additional compensation awarded is unreasonable and the diminution in land value, far in excess of the percentage fixed by the Government. Per contra, learned Counsel for the respondents argued that the enhancement is reasonable and has been granted after considering all relevant factors.
Although respondents had relied on CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -12- Exts.A12 and A20 documents for the purpose of fixing land value, the court below found that the properties in Exts.A12 and A20 documents are at a distance of 750 metres to 1 km from the properties of the respondents and cannot therefore be considered as similar or similarly situated to the petition schedule properties. Instead, reliance was placed on the locational features described in the Advocate Commissioner's report. The court below also took note of the fact that, going by the manner in which the lines were drawn, the properties were substantially affected. Based on the said findings, the court below fixed land value and the affected area for each case separately and directed to pay 25% of the land value as compensation in OP Nos.143, 229, 240, 243, 329& 127 of 2010 and 30% and 45% respectively in O.P.Nos.232 and 365 of 2010. A table containing the extent of property affected, the land value fixed and the compensation awarded CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -13- is appended below; Sl No Case No. Affected Land per cent Percentage diminution Compensation payable Compensation Compensation 1 2 3 4 5 6 7 8 OP OP OP OP OP OP OP OP
20.50 35,000 25% 1,79,375 61,500 1,17,875
58.50 35,000 25% 5,11,875 1,75,500 3,36,375 40 35,000 30% 4,20,000 1,20,000 3,00,000
77.30 35,000 25% 6,76,375 2,31,900 4,44,475 60 35,000 25% 5,25,000 1,80,000 3,45,000
26.50 35,000 25% 2,31,875 79,500 1,52,375 36 48 35,000 45% 5,67,000 2,16,000 3,51,000 35,000 25% 4,20,000 1,44,000 2,76,000
Operative part
On careful scrutiny of the impugned order, it is seen that the compensation towards diminution in land value was fixed based on factors like situs of the land, the extent to which the land is adversely affected and the consequent diminution in the value of the land. The contention of the Corporation that the Government having fixed 15% as diminution of land value for the properties in that area, the court below could not have fixed the higher percentage is liable to be rejected since the court, while CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -14- assessing the damage sustained and fixing the compensation, is not bound by the guidelines issued by the Government. The contention that the court below committed an illegality by awarding 12% interest cannot also be sustained in the light of this Court's decision in P.Raghavan v. KSEB [CRP No.3256 of 2001]. For the aforementioned reasons, I am of the definite opinion that there is no illegality or material irregularity in the impugned order warranting this Court's interference in exercise of the revisional power under Section 115 of the Code of Civil Procedure. If any amount is deposited pursuant to an order of this Court or otherwise, the same shall forthwith be released to the respondents on their filing appropriate applications. The entire enhanced compensation shall be paid to the respondents within three months of receipt of a copy of this order. CRP Nos.617, 624, 630, 634, 636, 644, 645 & 652/2018 -15- The civil revision petitions are dismissed accordingly. Scl/ Sd/- V.G.ARUN JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The civil revision petitions are dismissed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 115.
Which court decided this case, and when?
Kerala High Court, on 11 Mar 2024. The bench was V G ARUN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.