SECRETARY JUMA MASJID THEYYAPPARA P O Vs. POWER GRID CORPORATION OF INDIA LTD REPRESENTED BY DEPUTY GENERAL MANAGER

JUDGEMENT

(1.) This revision petition is filed by the land owner aggrieved by the inadequacy of compensation awarded by the court below in the matter of drawing of Mysore-Areeikode 400 KV electric line.

(2.) Many of the cases have been disposed of by a common judgment by the court below. The common issue in the revision petition is with regard to the diminishing land value and calculation of yield while determining compensation. Therefore, this Court is of the view that the revision petition can be disposed of.

(3.) There is no dispute to the fact that the market value was determined with reference to the fair value fixed by the revenue authorities. The petitioner's case is that the market value ought not to have been determined based on the fair value fixation and it ought to have been determined with regard to the factors for the market value as contemplated under the Land Acquisition Act. Learned counsel for the petitioner also argued that yield of each tree calculated is without any reference to expert opinion and therefore, it is not correct. It is also argued that certain fruit bearing trees like jack fruit and coco have not been taken into account for calculation of compensation based on annuity.