Compensation for land diminution under transmission lines must use comparable sale values and consider usage restrictions.

ORDER :

MURALI PURUSHOTHAMAN, J.

This Civil Revision Petition is filed against the order dated 20.12.2013 in O.P.(Electricity) No.248 of 2006 passed by the Additional District Court - II, Kollam.

2. The Power Grid Corporation of India Ltd. (hereinafter referred to as “the Corporation”), the 1strespondent drew high power overhead electricity transmission lines through the property of the petitioner, Sri.Thomas C.T. Certain trees were cut and removed from his property. According to the petitioner, drawing of high- power overhead electricity transmission lines rendered the land underneath and adjacent to the lines useless, resulting in diminution of the value of the property. However, in spite of the huge loss suffered, only a meagre amount was paid to the petitioner as compensation towards the trees cut and removed and diminution in land value. Aggrieved thereby, the original petition was filed. The original petitioner died during the pendency of the original petition and his legal heirs were impleaded as additional petitioners 2 to 4 and additional respondents 2 to 6. The learned District Judge found that the additional petitioners 2 to 4 and additional respondents 2 to 6 are entitled to get an enhanced compensation of Rs.4,14,998/- from the 1strespondent together with interest at the rate of 8% per annum from 12.05.2004 till payment with proportionate costs of the proceedings. The split up of the compensation awarded by the learned District Judge is as follows:

Aggrieved by the amount of compensation awarded, the petitioner, the wife of the deceased original petitioner has preferred this revision petition. Respondents 2 to 8 are the other legal heirs of the deceased original petitioner.

3. Heard Sri.Arun Babu, the learned counsel for the petitioner, Sri.Millu Dandapani, the learned Standing Counsel for the 1^st respondent and Sri.C.S. Sumesh, the learned counsel for respondents 2 to 8.

4. The learned District Judge found that the extent of land injuriously affected by the drawing of the electric line is 46.85 cents. As regards the compensation for the trees cut, the learned District Judge relied on Ext.A8 deposition of the Agricultural Officer and Ext.A7 deposition of the Deputy Rubber Production Commissioner recorded in another O.P(Electricity) and the oral evidence of the petitioner. The learned District Judge adopted a multiplier of 8% for determining the compensation for trees cut. The same is in accordance with the law laid down by the Hon’ble Supreme Court in Kerala State Electricity Board v. Livisha and others [2007 (3) KLT 1] and the then prevailing standards. I find that the compensation awarded by the learned District Judge for the trees cut and removed is just and reasonable.

5. The learned District Judge has fixed the percentage of diminution of land value as 25 %. The Hon’ble Supreme Court in Livisha (supra) has laid down the relevant factors for determination of diminution in land value. The Court held as follows:

“10. The situs of the land, the distance between the high voltage electricity line laid thereover, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small tract of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used."

The nature of the land, the cultivation therein, the commercial importance of the area and the manner in which the land was affected by drawing of the lin