BY AD v. SRI.V.V.SURENDRAN

THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 AGAINST THE ORDER IN OP 456/2010 OF ADDITIONAL DISTRICT CRP NO. 691 OF 2018 REVISION PETITIONER/S: COURT, KOZHIKODE POWER GRID CORPORATION OF INDIA LTD REP. BY ITS ADDITIONAL GENERAL MANAGER,UGRAPURAM, AREACODE,MALAPPURAM DT. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: JAMES JOHN S/O.ULAHANNAN,KARIPPURATH HOUSE,P.O.VELANKODE, KODENCHERY VILLAGE,KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 00. 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 695/2018 AND CONNECTED CASES, THE COURT ON 24.01.2024 DELIVERED THE FOLLOWING: CRP Nos.687, 691, 695 & 696/2018 -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 AGAINST THE ORDER IN OP 162/2011 OF ADDITIONAL DISTRICT CRP NO. 695 OF 2018 REVISION PETITIONER/S: COURT, KOZHIKODE POWER GRID CORPORATION OF INDIA LTD. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: 1 2 3 4 LEELAMMA, W/O.N.M.KURIAKOSE NAMMANARIYIL HOUSE, MYKAVE P.O, KANJIRAD, KOODATHAI VILLAGE KOZHIKODE TALUK, PIN-673 001. SHIJI, D/O.LATE N.M.KURIAKOSE NAMMANARIYIL HOUSE, MYKAVE P.O, KANJIRAD, KOODATHAI VILLAGE KOZHIKODE TALUK, PIN-673 001. SHIBUD, S/O.LATE N.M.KURIAKOSE NAMMANARIYIL HOUSE, MYKAVE P.O, KANJIRAD, KOODATHAI VILLAGE KOZHIKODE TALUK, PIN-673 001. NEETHU, D/O.LATE N.M.KURIAKOSE NAMMANARIYIL HOUSE, MYKAVE P.O, KANJIRAD, KOODATHAI VILLAGE KOZHIKODE TALUK, PIN-673 001. 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.691/2018 AND CONNECTED CASES, THE COURT ON 24.01.2024 DELIVERED THE FOLLOWING: CRP Nos.687, 691, 695 & 696/2018 -4- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 AGAINST THE ORDER IN OP 455/2010 OF ADDITIONAL DISTRICT CRP NO. 696 OF 2018 REVISION PETITIONER/S: COURT, KOZHIKODE POWER GRID CORPORATION OF INDIA LTD. BY ADV SRI.E.M.MURUGAN RESPONDENT/S: SUNNY JOSEPH 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.695/2018 AND CONNECTED CASES, THE COURT ON 24.01.2024 DELIVERED THE FOLLOWING: CRP Nos.687, 691, 695 & 696/2018 -5- ORDER Dated this the 24th day of January, 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 the value of their lands, consequent upon the drawing of 400 KV Electric Lines across their properties by the Corporation. The essential facts are as under; The Corporation drew high tension lines over the property of the respondents/claimants situated in Kodenchery and Koodathayi Villages of Kozhikode Taluk, cultivated with cash crops like rubber, cashew, arecanut etc. Thereupon, the respondents filed original petitions claiming compensation towards value of the trees cut as well as diminution in land value. Even though enhanced compensation was awarded, the CRP Nos.687, 691, 695 & 696/2018 -6- respondents were not satisfied with the quantum of enhancement and hence, filed civil revision petitions before this Court. Finding merit in the grievance raised, the civil revision petitions were allowed and the cases remanded to the court below, with a direction to ascertain the yield from each tree and to consider all the components in diminution in land value, including the prevailing market price of the property and any new factor that may be brought to the notice of the Court by the petitioner. Accordingly, the claims were reconsidered and granted further enhancement towards diminution in land value.

2. Heard learned Counsel appearing on either side.

3. The learned Counsel for the revision petitioner contended that there is no basis for the enhancement granted. Per contra, learned Counsel for the respondents argued that the enhancement is only marginal and has been granted after considering all relevant factors. CRP Nos.687, 691, 695 & 696/2018 -7-

4. The common order is passed in four original petitions, viz, O.P.Nos.455 and 456 of 2010, 162 of 2011 and 107 of 2013. In the first round of litigation, the court below had fixed the land value with respect to O.P.Nos.455 and 456 of 2010 at Rs.10,000/- per cent and had granted 20% of the land value as compensation. After remand, the land value was enhanced to Rs.35,000/- per cent and the diminution in land value fixed as 25% instead of 20%.

5. In O.P.No.162 of 2011, the sum of Rs.8,000/- per cent was fixed as land value originally and was enhanced to Rs.25,000/- per cent and the percentage of diminution, which was fixed at 40%, retained as such.

6. In O.P.No.107 of 2013, the value of the land fixed at Rs.40,000/- per cent originally, was enhanced to Rs.42,000/- per cent after remand. Further, the diminution in land value was enhanced from 20% to 40% and the percentage of injurious affection of the land, under the CRP Nos.687, 691, 695 & 696/2018 -8- tower installed in the property, was enhanced from 70% to 100%. On careful scrutiny of the impugned order, it is seen that, enhancement granted towards land value and percentage of diminution was based on cogent reasons like, distance of the affected property from the property covered by Exts.A11 and A12 documents, importance of the locality, extent of injurious affection etc. The Advocate Commissioner's plan and report were also looked into. Therefore, I am of the definite opinion that there is no illegality or material irregularity in the impugned order, for this Court to interfere in exercise of the power under Section 115 of the Code of Civil Procedure. For the aforementioned reasons, the civil revision petitions are dismissed. Sd/- V.G.ARUN JUDGE Scl/