MR. C.V. RAMACHANDRAN Vs. POWER GRID CORPORATION OF INDIA LIMITED, (A GOVT. OF INDIA ENTERPRISE) AND OTHERS

JUDGEMENT

(1.) Dissatisfied with the quantum of compensation awarded in respect of the drawing of Mysore-Kozhikode 400 KV electric line, the land ownerclimant is in revision.

(2.) Similar matters for enhancement of compensation relating to the drawal of the very same electric line were disposed of by this court as per order dated 07.03.2017 in C.R.P. No.144/2013 and connected matters. The issue in this C.R.P. is the same and hence, this C.R.P. is being disposed of on similar lines.

(3.) The challenge on the ground of inadequacy of compensation is mainly under two heads. Firstly, regarding the quantum awarded for diminution in land value; secondly regarding the quantum awarded towards yield from the trees. As regards the question of diminution in land value, the first question that arises is ascertainment of the market value. As held by this Court in the order dated 07.03.2017 in C.R.P. No.144/2013 and connected cases, the determination of land value cannot be solely based upon the fair value as fixed by the revenue authorities. The market value will have to be independently considered and arrived at by the court. As regards the yield from the trees, the respondent was guided by the schedule prepared by the Agricultural Department. This Court in the order in C.R.P. No.144 of 2013 (above referred to) has held that the question of yield from the trees is to be considered based on evidence. In paragraphs 9 and 10 of the said order this Court observed thus: