HIGH COURT OF KERALA
K. BABU, J
POWER GRID CORPORATION OF INDIA LIMITED – Appellant
Versus
V. VARGHESE – Respondent
ORDER :
1. Common questions arise for consideration in all these Civil Revision Petitions. The Power Grid Corporation of India Limited drew 400 KV double circuit lines through the properties of the claimants. The respective claimants filed petitions under Sections 10 and 16 of the Telegraph Act read with Section 151 of the Indian Electricity Act, 1910 and Section 42 of the Electricity Supply Act, 1948 before the Additional District Court, North Paravur, claiming enhanced compensation under various heads. The Trial Court allowed those applications. The claimants approached this Court contending that the compensation awarded is meagre, whereas the Power Grid Corporation challenged the awards contending that the amount awarded is exorbitant.
CRP Nos. 426 of 2019 and 139 of 2020
2. The Power Grid Corporation of India Limited had drawn a 400 KV electric line through the property of the claimant comprised in Sy.No.337/6 of Arackappady Village. The property was a wet land, cultivated with various crops including plantains. The Corporation quantified the compensation as Rs.25,263/-. The Trial Court granted a sum of Rs.12,17,237/- as compensation with interest at the rate of 6% from 04.07.2011
Compensation for land and trees affected by electric lines must reflect credible evidence of property value and loss of use, adhering to established legal guidelines.
The court upheld the compensation for property diminution due to high-tension power lines, validating the assessment methods used.
Compensation for land diminution under transmission lines must use comparable sale values and consider usage restrictions.
50% land value diminution for 400kV power line due to usage restrictions and injurious effect, affirming market value per comparable sales.
Compensation for land diminished by utility installations must ensure full restitution considering statutory mandates and factual circumstances.
50% land value diminution appropriate for 400kV line due to restrictions and road frontage.
Court upheld enhanced compensation due to property devaluation from high-tension lines, emphasizing property owner's rights and evidence evaluation.
The court clarified that assessment of compensation for property devaluation due to high-voltage lines relies heavily on situational factors rather than government guidelines.
Compensation assessment for land value diminution and property use loss due to infrastructure installations must follow established principles, considering relevant factors.
Court affirmed the discretion of the lower court in compensating for land value diminution due to infrastructure development.
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