The court emphasizes re-evaluation of compensation for land use under infrastructure laws considering all evidence, ensuring fair justice.

O R D E R

This Civil Revision Petition is filed against the order dated 03.10.2017 in O.P.(Ele) No. 214 of 2008 passed by the Court of the Additional District Judge - II, Kollam.

2. The revision petitioner is the petitioner in the original petition. The original petition has been filed by the petitioner herein under Section s 10 and 16(3) of the Indian Telegraph Act , 1885 read with Section 51 of the Indian Electricity Act , 1910, seeking enhancement of compensation awarded by the Power Grid Corporation of India Ltd., for the trees cut and removed from her property for the purpose of drawing a 400 kV electric line/ erecting tower from Madurai to Thiruvananthapuram.

3. The learned District Judge fixed the land value as Rs.15,000/- per cent. The percentage of diminution of the land value is fixed as 30%. The additional compensation granted was Rs.7,86,732/- with 9% interest per annum from the date of cutting of trees. According to the learned counsel for the petitioner, the learned District Judge erred in fixing the land value as Rs.15,000/- per cent. It is contended that though the petitioner had produced Ext.A5 sale deed in respect of identically situated land, the learned District Judge did not consider the same appropriately. It is further contended that as per the commission reports, the property is having public road access. However, without considering all these aspects, the learned District Judge fixed the land value as Rs.15,000/- per cent. It is contended that, due to the drawing of the electric line over the property, the petitioner is unable to carry out any agricultural activities or undertake any building construction on the property and the learned District Judge ought to have fixed a higher percentage of diminution in land value.

4. Having heard the learned counsel on both sides and after going through the impugned order, I am of the view that the matter requires reconsideration.

Accordingly, the impugned order is set aside and the original petition is remanded for fresh consideration and disposal on the basis of evidence already on record. The learned District Judge shall consider all relevant contentions raised by both parties and dispose of the original petition in accordance with law. The parties are directed to appear before the Additional District Court - II, Kollam, on 05.01.2026. The learned District Judge shall endeavour to dispose of the matter within six months from the said date.

This Civil Revision Petition is disposed of.