Fixed land value at Rs.1,25,000/Are and 50% diminution for 400kV line injurious affection under Telegraph/Electricity Acts.

ORDER :

MURALI PURUSHOTHAMAN, J.

The Civil Revision Petitions are filed against the order dated 21.11.2016 in O.P.(Electricity) No. 139 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.739 of 2018 is filed by the petitioner in O.P.(Ele) No. 139 of 2011 (hereinafter referred to as the petitioner) and CRP No.225 of 2023 is filed by the Power Grid Corporation of India Ltd., the 1strespondent 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.386/3 of Vengola Village and for the said purpose, certain trees were cut and removed. As the tower was installed and 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 for any amount by way of enhanced compensation for the felling of the trees. The learned District Judge fixed the land value as Rs.1,25,000/- per Are. The extent of the property covered by the tower is 3.13 Ares. The extent of property injuriously affected was found as 12.601 Ares. The learned District Judge fixed the percentage of diminution of land value as 20%. Accordingly, the learned District Judge awarded Rs.3,91,250/- (3.13 Ares x Rs.1,25,000/-) as compensation for the tower installed area and Rs.3,15,025/- (12.601 Ares x Rs.25,000/-) for injurious affection. Thus, an amount of Rs.7,06,275/- (Rs.3,15,025 + Rs.3,91,250/-) was awarded as compensation with 6% interest per annum from the date of petition till the date of receipt.

6. In CRP No.739 of 2018, the petitioner impugns the order of the learned District Judge contending inter alia that the land value as well as the percentage of diminution in land value fixed is wrong and erroneous.

7. CRP No. 225 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.739 of 2018 and Sri.Millu Dandapani, the learned counsel for the petitioner in CRP No.225 of 2023.

9. It is contended by Sri.Jawahar Jose that the extent of property injuriously affected as found by the learned District Judge is wrong and the actual extent of injurious land, as per the commission report, is 15.56 Ares. It is further contended 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 and the learned District Judge did not consider the potentiality of the property. Sri.Jawahar Jose relied on the order of this Court in CRP N