2016 Supreme(Ker) 1468
IN THE HIGH COURT OF KERALA
K. Ramakrishnan, J.
Babu – Petitioner
Versus
Power Grid Corporation of India Ltd. – Respondent
O.P.(C) No.1929 of 2016
Decided On : 05-10-2016
For the Petitioner: Arun Babu
For the Respondent:K.P. Dandapani (Sr. Advocate) & Millu Dandapani
Headnote:
Civil Procedure Code, 1908 - O.XXVI R. 9 - Appointment of Commission - Delay in - Rejection of application on ground that issue of commission on the ground that the mahazer and plan prepared by the officials will have to be deemed to have to be done in a proper manner invoking the presumption available under S.114(e) of the Evidence Act - Challenged - Held, rebutted by the person who wants to challenge the same is by adducing strong evidence and the best evidence that to be possible by the parties who want to challenge the same by taking out a commission to disprove the facts mentioned in the documents prepared by the official witnesses - Petition allowed
O.P.(C).No.1929/2016 was filed against the order in I.A.No.849/2016 in O.P.(Ele.) No.252/2012, O.P.(C).No.2080/2016 was filed against the order in I.A.No.870/2016 in O.P.(Ele.) No.157/2013, O.P.(C).No.2081/2016 was filed against the order in I.A.No.875/2016 in O.P.(Ele.)No.159/2013, O.P.(C).No.2085/2016 was filed against the order in I.A.No.843/2016 in O.P.(Ele.) No.124/2012, O.P.(C).No.2086/2016 was filed against the order in I.A.No.871/2016 in O.P.(Ele.)No.215/2013, O.P.(C).No.2087/2016 was filed against the order in I.A.No.844/2016 in O.P.(Ele.).No.128/2012, O.P.(C).No.2088/2016 was filed against the order in I.A.No.837/2016 in O.P.(Ele.)No.126/2012, O.P.(C).No.2089/2016 was filed against the order in I.A.No.869/2016 in O.P.(Ele.)No.155/2013, O.P.(C). No.2092/2016 was filed against the order in I.A.No.838/2016 in O.P.(Ele.)No.486/2011, O.P.(C).No.2093/2016 was filed against the order in I.A.No.872/2016 in O.P.(Ele.)No.265/2013, O.P.(C). No.2094/2016 was filed against the order in I.A.No.850/2016 in O.P.(Ele.) No.27/2012, O.P.(C).No.2097/2016 was filed against the order in I.A.No.841/2016 in O.P.(Ele.)No.118/2012 and O.P.(C). No.2344/2016 was filed against the order in I.A.No.936/2016 in O.P.(Ele.) No.516/2011, all on the file of the First Additional District Court, Kollam under Article 227 of the Constitution of India. Except the last case, O.P.(C).No.2344/2016, in all other cases the applications filed by the different petitioners in the respective cases were disposed of by the court below by a common order, while the application in the last case was disposed of by the same Judge by a separate order, but more or less on the same reasonings.
2. The petitioners in all these cases have filed the respective petitions for enhanced compensation for the trees cut from their properties and also for diminishing land value caused on account of the drawing of 400 KV electric transmission line from Thenkasi to Edamon. The respondent Corporation have conducted survey for the purpose of drawing the above line through the properties of the petitioners and others and earmarked the trees to be cut for that purpose on the basis of the survey conducted for the alignment of the line to be drawn including the erection of towers. For that purpose, the Deputy Tahasildar was deputed and mahazers have been prepared by the officials in respect of affected properties of each petitioners showing number of trees, its height and width and probable yield from those trees and copies of the mahazers were supplied to the land owners namely the petitioners and after conducting enquiry, they have passed awards fixing the compensation payable for the trees cut on various dates and the amounts were disbursed to the petitioners on different dates. The trees were cut and removed and thereafter the line was drawn thorough the properties. Dissatisfied with the quantum of compensation awarded by the authorities, the respective applications have been filed for enhancement of compensation under S.16(3) of the Indian Telegraph Act 12 of 1975 read with S.51 of Indian Electricity Act, Act 9 of 1910 claiming various enhanced amount. They have also unanimously contended in these petitions that the mahazers were not properly prepared by the officials. They have also contended that copies of mahazer were not served on them at the time when it was prepared. They were prepared from their office and their signature were obtained when they went to receive the compensation amount. The actual yield from the trees were not calculated by them. The diminishing land value caused on account of drawing of the line has not been taken into consideration. Further, on account of drawing of the line, the market value of the property has been decreased, thereby they will not fetch the amount which they were expected to fetch before drawing of the line for their properties. They