High Court Kerala High Court

Power Grid Corporation Of India … vs P.C.Murali on 30 September, 2010

Kerala High Court
Power Grid Corporation Of India … vs P.C.Murali on 30 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 798 of 2008()


1. POWER GRID CORPORATION OF INDIA LTD.,
                      ...  Petitioner

                        Vs



1. P.C.MURALI, PULLIPURATHU HOUSE
                       ...       Respondent

                For Petitioner  :SRI.MILLU DANDAPANI

                For Respondent  :SRI.JOSEPH GEORGE

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :30/09/2010

 O R D E R
                  THOMAS P JOSEPH, J.

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                     C.R.P.No.798 of 2008

                 ---------------------------------------

            Dated this 30th day of September, 2010

                               ORDER

Heard both sides.

2. This revision is in challenge of order passed by

learned Additional District Judge, Pathanamthitta in O.P.(Ele).

No.212 of 2000 awarding Rs.70,888/- as additional compensation

for tree cutting and for diminished land value. It is not disputed

that 220kv line was drawn through property of petitioner and in

connection with that, 4 yielding coconut trees and two arecanut

trees were cut and removed accepting the detailed valuation

statement produced by the petitioner. Learned Additional

District Judge rejected claims made by respondent as to the

number of trees cut, yield and future income and held that the

trees involved are 4 yielding coconut trees and 2 arecanut trees.

Other datas contained in the detailed valuation statement were

also accepted but instead of 10% annuity adopted by the

petitioner, learned Additional District Judge has accepted 5%

annuity in the light of the decision in Kumba Amma Vs. KSEB

(2000(1) KLT 542). That brought the additional compensation

payable for value of improvements as Rs.28,948.06/-.

C.R.P.No798 of 2008
: 2 :

3. The next count on which compensation was awarded

is for diminished land value. Reliance is placed on Exts.C1 to C3

report, mahazar and sketch prepared by the Advocate

Commissioner which were not under challenge. Learned

Additional District Judge has fixed extent of land affected by the

drawal of line as 13.980 cents. It cannot be disputed that on

account of drawal of high extension line land value is diminished

since respondent is not able to cultivate permanent crops or

construct buildings in that area. Hence respondent is entitled to

get compensation for diminished land value.

4. So far as value of land is concerned, respondent

produced Ext.A1 to show that the land value is around

Rs.25,000/- per cent. But evidence revealed that Ext.A1 property

is situated about 500 meters away from petition schedule

property. Learned Additional District Judge, from the evidence

found that Ext.A1 property has more proximity to public

institutions and hence value stated in Ext.A1 cannot as such be

accepted. Taken into account the fact that Ext.A1,assignment

deed was executed in favour of co-operative society and the

circumstances proved in the case, learned Additional District

Judge has fixed value for petition schedule property as

C.R.P.No798 of 2008
: 3 :

Rs.15,000/- per cent which cannot be stated to be excessive in

the light of the evidence. For the purpose of fixing compensation

for diminished land value, 20% of land value is taken.

Compensation payable for diminished land value come to

Rs.41940/-. Thus additional compensation payable came to

Rs.70,888.06/- which is rounded as Rs.70,888/-. It is contended

by learned counsel for petitioner that amount awarded is

excessive. According to learned counsel for respondent no

interference is required.

5. I stated that so far as additional compensation for

value of improvements is concenred, only change learned

Additional District Judge has made is acceptance of 5% annuity in

the light of the decision referred to supra and that required no

interference. So far as diminished land value is concerned, it is

based on materials on record that compensation was fixed.

Having heard counsel on both sides and gone through the order

under challenge I do not find reason to interfere in revision.

Resultantly this petition is dismissed.

(THOMAS P JOSEPH, JUDGE)

Sbna/-