50% land value diminution for 400kV power line due to usage restrictions and injurious effect, affirming market value per comparable sales.

ORDER :

MURALI PURUSHOTHAMAN, J.

The Civil Revision Petitions are filed against the order dated 21.11.2016 in O.P.(Ele) No. 138 of 2011 passed by the Court of the Additional District Judge, North Paravur. Since common issues arise for consideration in these revision petitions, they are disposed of by this common order.

2. CRP No.738 of 2018 is filed by the petitioner in O.P. (Ele) No. 138 of 2011 (hereinafter referred to as the petitioner) and CRP No.161 of 2023 is filed by the Power Grid Corporation of India Ltd., the 1^st respondent in the original petition.

3. The Power Grid Corporation of India Ltd. (hereinafter referred to as the Corporation) drew 400 kV Cochin-Thrissur electric line through the property of the petitioner comprised in Sy. No.386/4 of Vengola Village and for the said purpose, certain trees were cut and removed. As the lines were drawn, a large extent of the land underneath and adjacent to the lines was injuriously affected. However, in spite of the huge loss suffered, only a meagre amount was paid to the petitioner as compensation. Aggrieved thereby, the original petition was filed under Sections 10 and 16 (3) of the Indian Telegraph Act, 1885 r/w Section 51 of the Indian Electricity Act, 1910.

4. The original petition was tried along with two other original petitions filed by the petitioner as the properties involved in all the petitions are lying in a stretch and similarly situated and the nature of evidence in support of the claims was the same. A common order was passed in the three original petitions.

5. The learned District Judge found that the petitioner is not entitled to any amount by way of enhanced compensation for the felling of the trees. The learned District Judge fixed the percentage of diminution of land value as 20%. The land value was fixed as Rs.1,25,000/- per Are. The extent of property injuriously affected was found as 16.62 Ares (41.07 cents). The learned District Judge awarded Rs.4,15,500/- (16.62 Ares x Rs.25,000/-) for injurious affection. Thus, an amount of Rs.4,15,500/- was awarded as compensation with 6% interest per annum from the date of petition till the date of deposit.

6. In CRP No. 738 of 2018, the petitioner impugnes the order of the learned District Judge contending inter alia that the market value as well as the percentage of diminution in land value fixed is wrong.

7. CRP No. 161 of 2023 is filed by the Corporation contending inter alia that the land value as well as the percentage of diminution in land value fixed by the learned District Judge is excessive.

8. Heard Sri.Jawahar Jose, the learned counsel for the petitioner in CRP No.738 of 2018 and Sri.Millu Dandapani, the learned counsel for the petitioner in CRP No.161 of 2023. 9. It is contended by Sri.Jawahar Jose that the Advocate Commissioner has reported that the percentage of diminution in land value shall be 60%. Referring to the report of the Advocate Commissioner, Sri. Jawahar Jose, submits that the property of the petitioner is located on the north-eastern side of Poonasheri- Munnar PWD Road. Sri.Jawahar Jose relied on the order of this Court in CRP No.722 of 2018 filed by the Corporation arising from the order of the Additional District Court, North Paravur in O.P.(Ele) No.34 of 2012 in respect of the property comprised in Sy.No. 386/1-7 in Vengola Village adjacent to the property of the petitioner wherein the land value of the property was fixed as Rs.1,00,000/- per cent and percentage of diminution of land value was taken as 50%. This Court