The court emphasized the necessity of considering all evidence presented for determining compensation in property disputes related to utility installations.

O R D E R

This Civil Revision Petition is filed against the order dated

24.08.2017 in O.P.(Ele) No. 301 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 Sections 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 his property for the purpose of drawing a 400 kV electric line/ erecting tower from Madurai to Thiruvananthapuram.

3. The learned District Judge fixed the market value of the property as Rs.15,000/- per Are. The percentage of diminution of the land value is fixed as 30%. 100% compensation was awarded for 2.48 ares of land where the tower is installed. The balance affected area is 25.04 Ares. The additional compensation granted was Rs.8,03,448/- with 9% interest per annum from the date of cutting of trees till the date of realisation excluding the period from 19.06.2010 till 20.12.2016. As per the fair value details produced by the respondent Corporation, the fair value of the subject property is Rs.42,000/- per Are. Further, the commission report shows that the subject property has got public road access and is a garden land. The learned counsel for the petitioner submits that all these factors were not taken into consideration by the learned District Judge while awarding compensation. It is further contended that the percentage of diminution in land value fixed in respect of 25.04 Ares is erroneous. No cultivation or any building activity is possible in the land over which the electric line has been drawn.

4. After hearing the counsel on both sides and on a perusal of the impugned order, I find that the learned District Judge has not considered the materials on record while fixing the land value of the property and also the percentage of diminution in land value.

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.