IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
POWER GRID CORPORATION OF INDIA LTD – Appellant
Versus
KANDAMUTHAN – Respondent
CRP NO. 263 OF 2019 | CRP NO. 51 OF 2020
| Table of Content |
|---|
| 1. compensation sought for property damages due to high-voltage lines. (Para 1 , 2) |
| 2. arguments presented concerning compensation adequacy. (Para 3 , 4 , 5) |
| 3. court's observations on evidence and legal standards applied. (Para 6 , 7 , 8 , 9) |
| 4. final judgment on compensation legality and required actions. (Para 10) |
20.01.2026 DELIVERED THE FOLLOWING:
ORDER Dated this the 20th day of January, 2026 These revision petitions are filed challenging the order of the Additional District Judge-III, Palakkad in O.P.(Electricity) No.52 of 2013. The original petition was filed by the revision petitioner in CRP No.51 of 2020 (hereinafter called 'the claimant'), being dissatisfied with the compensation awarded towards the damage and loss sustained due to erection of tower and 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 0.5356 hectares comprised in Re Sy.Nos. 289/3 and 289/4 of Vandithavalam Village in Chittur Taluk. The land was cultivated with various yielding and non- yielding trees. According to the claimant, to facilitate 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 of value of the property. A tower was also erected in the petition schedule property. In spite of the huge loss suffered by the claimant, only Rs.73,204/- was paid as compensation towards the value of trees cut, Rs.6,890/- for the paddy damaged due to drawing of electricity lines and no compensation was granted for diminution in land value.
2. Relying on Ext. B1(d) detailed valuation statement, the court below awarded a sum of Rs. 37,276.66/- as additional compensation for the trees cut. To assess the claim for compensation towards diminution in land value, the court below relied on Ext. C1 commission report and noticed that the entire subject property is affected due to the drawing of the Chulliyar – Palakkad 400KV high-tension electrical line. In the absence of other material evidence to prove the market value, the court below fixed the land value of the property at Rs. 6,000/- per cent based on the locational features and took 10% as the diminution in land value for the total extent of 1 acre 32 cents petition schedule property. Accordingly, the claimant was found entitled to compensation of Rs.79,200/- towards diminution in land value. Contending that the enhancement ordered is far in excess of the actual damage sustained, the Corporation has filed CRP No. 263 of 2019, and dissatisfied with the quantum of enhancement, the claimant has filed CRP No.51 of 2020.
3. Heard Adv. R. Harishankar for the claimant, Adv. Rojo Joseph for the Corporation and Adv. V Tekchand, Senior Government Pleader for the second respondent.
4. Learned Counsel for the claimant contended that the findings in the Commissioner's report were not considered by the court below while fixing the value of trees cut, the market value and diminution in the land value. It is further submitted that, considering the extent of damage sustained and the diminution consequent to the drawing of lines and erecting of tower, the court below ought to have granted the compensation claimed.
5. According to the learned Counsel for the Corporation, compensation granted towards diminution in land value granted is exorbitant and is not based on any material documentary evidence. Moreover, there is no rationale in granting 9% interest on that amount. It is further contended that the court below grossly erred in awarding compensation in excess of the directions/ orders of the Government.
6. A careful scrutiny of the impugned order reveals that the claim for enhancement of compensation towards the value of trees cut was considered on the
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