The court upheld the compensation for property diminution due to high-tension power lines, validating the assessment methods used.

THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 9^TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947

CRP NO. 813 OF 2019

AGAINST THE ORDER DATED 18.07.2019 IN OPELE NO.26 OF 2010 OF

ADDITIONAL DISTRICT COURT & SESSIONS COURT - I & RENT CONTROL APPELLATE

AUTHORITY, KALPETTA

REVISION PETITIONER:

POWER GRID CORPORATION OF INDIA LIMITED

400/220 KV SUB STATION, CHEMRAKATTOOR (P.O), AREEKODE (VIA),

MALAPPURAM (DISTRICT)-673639.

BY adv. HARITHA V.A

RESPONDENT:

P.FAIZAL

AGED 30 YEARS

S/O. AHAMMED HAJI, PUNNOLIL (HOUSE), PALLIKKUNNU (P.O),

KOTTATHARA VILLAGE, VYTHIRI TALUK, WAYANAD.

BY ADV SRI.P.V.VARGHESE (KANJIRAMATTOM)

THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27.08.2025

ALONG WITH CRP.252/2020, THE COURT ON 09.01.2026 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 9^TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947 CRP NO. 252 OF 2020 AGAINST THE ORDERT DATED 18.07.2019 IN OPELE NO.26 OF 2010 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I & RENT CONTROL APPELLATE AUTHORITY, KALPETTA REVISION PETITIONER:

P.FAIZAL AGED 35 YEARS S/O. AHAMMED HAJI, PUNNOLIL HOUSE, PALLIKUNNU P.O, KOTTATHARA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT PIN 673 122 BY ADV SRI.P.V.VARGHESE (KANJIRAMATTOM)

RESPONDENT:

POWER GRID CORPORATION OF INDIA AREEKODE , UGRAPURAM (POST) MALAPPURAM DISTRICT, PIN 673 639 REPRESENTED BY ITS DEPUTY GENERAL MANAGER BY adv. HARITHA V.A THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON

27.08.2025, ALONG WITH CRP.813/2019, THE COURT ON 09.01.2026 DELIVERED THE FOLLOWING:

ORDER

Dated this the 09^th day of January, 2026 [CRP Nos.813/2019 & 252/2020]

These revision petitions are filed challenging the order of the Additional District Judge-I, Kalpetta, Wayanad in O.P.(Electricity) No.26 of 2010. The original petition was filed by the revision petitioner in CRP No.252 of 2020 (hereinafter called 'the claimant'), being dissatisfied with the compensation awarded towards the damage and loss sustained due to the drawing of 400 KV lines across his property by the Power Grid Corporation of India Ltd (hereinafter called 'the Corporation'). The essential facts are as under;

The claimant is in ownership and possession of landed property having an extent of 45 cents comprised in Sy.No.241/1 of Kottathara Village in Vythiri Taluk. The land was cultivated with various yielding and non-yielding trees. According to the claimant, for facilitating the drawing of the lines to ensure smooth transmission of power, large number of trees were cut from his property. The drawing of high-tension lines rendered the land underneath and adjacent to the lines useless, resulting in diminution in the value of the property. In spite of the huge loss suffered by the claimant, only an amount of Rs.3,62,246/- was paid as compensation towards the value of yielding and non-yielding trees cut and no compensation was granted for diminution in land value.

2. By order dated 21.08.2014, the court below found the claimant entitled to Rs.51,360/- towards compensation for diminution in land value and enhanced the compensation for yielding and non-yielding trees cut by ordering additional compensation of Rs.64,962/- and Rs.24,764.50/-, respectively. Dissatisfied with the quantum of compensation ordered, the claimant filed CRP No.198 of 2015 before this Court. The said order was set aside and the matter remanded back for fresh consideration in line with the dictum of the Apex Court in KSEB v. Livisha [ (2007) 6 SCC 792 ].

3. Accordingly, the original petition was considered again. Relying on Ext.A4 valuation statement and following the principles laid down in Livisha (supra), the court below order