POWERGRID COPORATION OF INDIA Vs. HAJIRA

JUDGEMENT

(1.) The revision petitioner, Power Grid Corporation of India Ltd ('the Corporation' for short), is aggrieved by the enhanced compensation ordered to be paid to the respondent, consequent upon the drawing of 400 KV electric lines across her property by the Corporation. The essential facts are as under;

(2.) The court below allowed the claim for enhanced compensation for the value of trees cut by awarding 25% of the compensation already granted by the Corporation. Thus, the claimant was found entitled to Rs.30,410.00 towards the value of trees cut.

(3.) For deciding the claim for enhanced compensation towards diminution in land value, the court below referred to Exts.C1 and C1(a) commissioner's report and plan, and took note of the fact that the petition schedule property has proper road frontage. Based on the said factors, the court below fixed the land value of the respondent's property at Rs.40,000.00 per cent. Having found the petition schedule property to be lying contiguously with that of the property involved in O.P.(Ele)No.102/2011, the court below considered both petitions together. Thus, the total affected area was held to be 50 cents, out of which 7.14 cents was occupied by a tower. The court below granted 100% of the land value as compensation towards the area covered by the tower and 50% of the land value for the affected area admeasuring 42.86 cents. Accordingly, the respondent was found entitled to compensation of Rs.11,42,800.00 towards diminution in land value in O.P.(Ele) Nos.28 and 102 of 2011. This civil revision petition is filed, contending the enhancement ordered is far in excess of the actual damage sustained.