Interest on compensation for trees cut for electric lines payable from cutting date; land value fixed based on comparables.

O R D E R

The Civil Revision Petition is filed against the order dated 17.02.2017 in O.P.(Ele) No. 137 of 2011 passed by the Court of the Additional District Judge, North Paravur.

2. The Power Grid Corporation of India Ltd. (hereinafter referred to as the Corporation) drew 400 kV Cochin-Thrissur electric line through the property of the petitioner comprised in Sy. No.386/6 of Vengola Village in Kunnathunad Taluk and for the said purpose, certain trees were cut and removed. As the lines were drawn, a large extent of the land underneath and adjacent to the lines was injuriously affected. However, in spite of the huge loss suffered, only a meagre amount was paid to the petitioner as compensation. Aggrieved thereby, the original petition was filed under Sections 10 and 16 (3) of the Indian Telegraph Act, 1885 r/w Section 51 of the Indian Electricity Act, 1910.

3. The original petition was tried along with O.P.

(Elc.)No.164/2011 and a common order was passed in the two original petitions.

4. The learned District Judge found that the petitioner is not entitled to any amount by way of enhanced compensation for the felling of the trees. The learned District Judge fixed the land value as Rs.1,25,000/- per Are. The extent of property injuriously affected was found as 17.49 cents (7.08 Ares). The learned District Judge fixed the percentage of diminution of land value as 60%. The learned District Judge awarded Rs.5,31,000/- (7.08 Ares x Rs.75,000/-) as compensation for injurious affection along with 6% interest per annum from the date of petition till the date of deposit and also costs. The order of the learned District Judge is impugned contending that the land value fixed is wrong. It is contended that the land value has been fixed in an unscientific manner. In O.P.(Ele) No. 33 of 2012 and O.P.(Ele) No. 34 of 2012, filed by the petitioner’s sister and brother respectively, the court fixed a higher land value, and the land belonging to the petitioner is more valuable considering its location.

5. Heard Sri.Jawahar Jose, the learned counsel for the petitioner and Sri.Millu Dandapani, the learned counsel for the

1^st respondent and the learned Government Pleader.

6. Sri.Jawahar Jose relied on the order of this Court in CRP No.722 of 2018 filed by the Corporation arising from the order of the Additional District Court, North Paravur in O.P.(Ele) No.34 of 2012 in respect of the property comprised in Sy.No. 386/1-7 in Vengola Village adjacent to the property of the petitioner, wherein the land value of the property was fixed as Rs.1,00,000/- per cent. This Court, by order dated 04.11.2024, found that the compensation fixed by the learned District Judge is just and proper and dismissed the CRP. Sri.Jawahar Jose also relied on the order passed by this Court in CRP No.136 of 2019 arising from the order of the Additional District Court, North Paravur in O.P.(Ele) No. 76 of 2014 in respect of the property comprised in Sy.No. 387/1 in Vengola Village adjacent to the property of the petitioner wherein the land value of the property was fixed as Rs.1,50,000/- per cent.

7. The learned District Judge relied on Ext. A3 as an exemplar deed to fix the market value of the property. It was noted that, as per Ext. A3, the land value was more than Rs. 2,81,000/- per Are. However, since the said document pertains to the year 2016, the learned District Judge determined the equivalent value of the land for the year 2011 (the year of cutting of trees) by applying a decremental factor of 15% per annum, and accordingly fixed the land value at Rs. 1,25,000/- per Are. At the same time, the learned District Judge observed that the petitioner’s property has direct f