The Kerala High Court has held that while assessing damage and fixing compensation for drawing high tension powerlines over one’s property, courts are not bound by the orders issued by the government.
Justice V.G. Arun, made the observation while dismissing the revision petition filed by the Power Grid Corporation of India, Kochi, against the order of the Ernakulam Additional District Judge, awarding compensation to the landowner affected by the drawing of 400 kV lines across his property.
The contention of the corporation — that since the government had fixed a fair value the court could not have fixed a higher value — was liable to be rejected, the judge said.
Landowner’s contention
A petition was also filed by Surendran K.V. of Kunnathunadu taluk, the owner of the property, seeking more compensation towards value of yielding and non-yielding trees that were removed. According to him, despite the huge loss suffered by him due to the drawing of 400 kV lines across his property by the Power Grid Corporation of India, only ₹1,03,193 was paid towards the value of trees. Therefore, he had filed the petition seeking enhanced compensation towards the value of trees cut and diminution in land value. He was granted a compensation of ₹6,43,052 towards land value. The High Court dismissed his petition too.
The corporation contended that the compensation awarded was far in excess of the damage sustained. It contended that since the drawing of electric lines did not prohibit the landowner from conducting agricultural activities and putting up small structures, 40% of land value granted for central corridor and 20% for the outer corridors were exorbitant.
