Madras High Court
D.Mariagnanam vs The District Collector on 24 November, 2023
Author: Anita Sumanth
Bench: Anita Sumanth
2023:MHC:5272
W.P.No.10276 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.10276 of 2020
D.Mariagnanam .. Petitioner
vs
1.The District Collector,
District Collectorate,
Dharmapuri - 636 705.
2.The General Manager,
Power Grid Corporation of India Ltd.,
185, TNHB, Phase II,
Dharmapuri Main Road,
Tiruppattur - 635 601.
3.The Assistant Director (Planting Material),
Office of Asst. Director of Horticulture,
Dharmapuri. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus directing the 2nd respondent
to pass an award / order of determination of compensation for the
loss of trees in the petitioner's land in Survey No. 471/1C bearing
Patta No.1620 in Irudhayapuram Village, Palacode Taluk,
Dharmapuri District, damaged while constructing "Power Grid +
800 KV HDVDC Raigagh - Pugalur Transmission Line (PKG-09)" as
per the assessment made by the 3rd respondent.
For Petitioner : Mr.S.Sathiaseelan
For Respondents : Mr.V.Kalyanaraman
for M/s. Aiyar & Dolia
for R2
Mr.P.Anandakumar
Government Advocate
R1 & R3
https://www.mhc.tn.gov.in/judis
1/9
W.P.No.10276 of 2020
ORDER
The petitioner is the owner of the land in Survey No.471/1C bearing patta no.1620 in Irudhayapuram Village, Palacode Taluk, Dharmapuri District.
2. The respondents arrayed are the District Collector, Dharmapuri / R1, the General Manager, Power Grid Corporation of India / R2 and Assistant Director (Planting Material), Assistant Director of Horticulture / R3.
3. R2, had engaged in the setting up of "Power Grid + 800 KV HDVDC Raigagh - Pugalur Transmission Line (PKG-09) passing the petitioner's property (agriculture land ad-measuring 72 cents (property in question)). The petitioner had planted therein drumsticks, coconut, guava, among other fruits yielding trees in the property.
4. A notice had been issued by R2 on 27.06.2019 under the provisions of the Electricity Act, 2003 and Indian Telegraph Act, 1886 putting the petitioner's to notice that his land would be subject to proceedings for Right of Way (RoW) and anticipating some damage to the crop and the trees as well. Due compensation was to be paid in that regard. In the notice, R2 had quantified the number of trees / saplings in the property, including number of drumstick saplings as 1,200/-. There is a note written in hand on https://www.mhc.tn.gov.in/judis 2/9 W.P.No.10276 of 2020 that notice to the effect that 1,200/- drumstick saplings have been damaged on account of stringing work.
5. There was an inspection of the property by three field officers of R3 Department who also assessed the damage caused by R2. On 30.12.2019 a recommendation has been made by R3 to R2 indicating the total compensation to be paid. That communication inter se R3 and R2 has been obtained by the petitioner under the Right to Information Act are reads thus:-
njhl;lf;fiyj;Jiw mDg;ge[ h; bgWeh;
bghJ jfty; mYtyh; jpU/D/khpa"hdk;. j-bg/nldpay;. jfty; mwpa[k; chpik rl;lk; ,Ujag[uk;. bry;ypak;gl;o. njhl;lf;fiy cjtp ,af;Feh; (e/bgh) ghyf;nfhL tl;lk;. njhl;lf;fiy ,iz ,af;Feh; mYtyfk; jUkg[hp khtl;lk;?636 809/ jUkg[hp foj vz;/m1-4763-2019 ehs; 31/12/2019 ma;ah.
bghUs;: jfty; mwpa[k; chpikr; rl;lk; 2005?d;fPH;
j';fshy; nfl;fg;gl;l tpgu';fs; mDg;g[jy; ? bjhlh;ghf/ ghh;it: jpU/D/khpa"hdk;. j-bg/nldpay;. ,Ujag[uk;. bry;ypak;gl;o.
ghyf;nfhL tl;lk;. jUkghp khtl;lk; ? 636 809 mth;fspd; tpzzg;gk; ehs; 05/12/2019/ ?????
ghh;itapy; fhQqk; fojj;Jld; j';fsJ kD ,t;tYtyfj;jpw;F 05/12/2019 md;W tug;bgw;wJ/ jh';fshy; thpir vz; 1?y; nfl;fg;gl;l tptu';fs; gty; fPhpl; epWtdk; K:yk; njhl;lf;fiy rhh;e;j rhFgo gaph;fSf;Fk; eph;zak; bra;Js;s ,Hg;gL P bjhif rk;ke;jkhf ,t;tYtyfj;jpy; VJk; bgwg;gltpy;iy/ t/vz;/2 gth; fPhpl; epWtdk; fl;Lkhd gzpapd; nghJ kpd; nfhg[u vz;/ 56?57f;F ,ilapy; cs;s rh;nt vz;/471-1C epyj;jpy; nrjg;gLj;jpa nrj';fis fs Ma;t[ bra;a ,j;Jiwapd; rhh;gpy; 1/jpU/vk;/Mde;j; njhl;lf;fiy cjtp ,af;Feh;. 2/,uh$ntY Jiz njhl;lf;fiy mYtyh;. 3/nfhghyfpUc&;zd; cjtp njhl;lf;fiy mYtyh; Mfpa K:d;W fs mYtyh;fs; Ma;t[ nkw;bfhz;ldh; vd;w tptuk; bjhptpf;fg;gLfpwJ/ t/vz;/3 gth; fPhpl; epWtdj;jpw;F rh;nt vz;/ 471-1C epyj;jpy; nrjg;gLj;jg;gl;l gaph;fSf;F njhl;lf;fiy Jiw K:yk; ,Hg;gLP bjhif fPH;fz;lthW eph;zak; bra;J mDg;gg;gl;Ls;sJ vd;w tpguk; j';fSf;F bjhptpf;fg;gLfpwJ/ https://www.mhc.tn.gov.in/judis 3/9 W.P.No.10276 of 2020 t/vz; ku';fs; nrjhukhd ku';fspd; ku';fspd; bkhj;j ku';fspd; taJ kjpg;g[ (U: 1 kjpg;g[ vz;zpf;i kuj;jpw;F) (U:) f 1/ KU';if 1200 1 1875 22.50.000 kuk;
2/ bfha;ah kuk; 1 4 2750 2.750
3/ gg;ghsp kuk; 4 1 1-2 600 2.400
4/ khJis kuk; 1 5 3500 3.500
bghJ jfty; mYtyh;-
njhl;lf;fiy cjtp ,af;Feh; (ebgh)
jfty; mwpa[k; chpikr;rl;lk;
jUkg[hp/
6. A total compensation of a sum of Rs.5,11,554/- has been paid by R2 as compensation for the damage caused to all the trees i.e., drumstick, pomegranate, guava and papaya. This does not tally with the recommendation made by the Field Inspection team on 31.12.2019 which recommends computation of Rs.22,50,000/- for 1200 drumstick trees.
7. The petitioner has approached this Court seeking a mandamus directing R2 to pass an award / order of determination of compensation for the loss of trees in his land and in line with the assessment made by R3. To be noted that the prayer of the petitioner is restricted to the Drumstick plants alone and hence this Court restricts itself to those details only.
8. A technical objection is raised by learned counsel for R2, who points out that the question of passing an award would not arise in this case as there has been no acquisition of Right of https://www.mhc.tn.gov.in/judis 4/9 W.P.No.10276 of 2020 Way. There is no merit in this submission.
9. Though the relevant provisions of the Indian Telegraph Act, 1885 do not provide for passing of award in cases where Right of Way is availed, it does provide for payment of compensation under Section 10(d) thereof, as follows:-
“10. Power for telegraph authority to place and maintain telegraph lines and posts.-
....
(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause
(c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.”
10. Thus, R2 cannot shy away from the payment of due compensation to the petitioner in respect of trees that have been damaged. Two question arise in this matter. The first relates to the nature of the trees itself. According to the petitioner, the drumstick plants should be classified as 'trees' and compensated as such as he would state that they were all above one year old. However, R2 would state that they were less than one year old and were only saplings.
11. Undoubtedly, this is a question of fact and normally this Court would not intervene in matters where disputed questions on facts arise. However, the records come to the aid of the Court now and the Court would go by the description in recommendation https://www.mhc.tn.gov.in/judis 5/9 W.P.No.10276 of 2020 under Letter No.A1/4763/2019 dated 31.12.2019 that refers to the drumstick plants as Murungaimaram.
12. In notice dated 26.12.2019, R2 has used the word 'sapling'. However, R2 is not the expert to decide this issue and the report of R3 dated 31.12.2019 is conclusive in this regard.
13. R2 also refers to a revised estimate for valuation of trees, as the basis of the payment of computation. The Assistant Director of Horticulture, has, on 14.09.2019 made an assessment of the plants in, 23 different properties. This assessment does not assist the Court in any manner in deciding this issue, as one year old plants have been classified as 'saplings' (see sl.no.6) in some cases while in some others, 20 /21 year old plants have also been classified as 'saplings' (see sl no.11). In yet another case, a 7 year old tree has been classified as a sapling (see sl.no.23).
14. The Evaluation of Horticultural Trees in Tamilnadu guidelines stipulate that, as a norm, plants that are less than one year old are treated as saplings though drumstick trees are seen to be one fruit bearing even prior to one year. However, to follow a uniform / consistent pattern drumstick trees less than one year are treated as 'saplings' and one year and more, are treated as 'trees'.
15. Mr.P.Sakthi, Additional Director of Horticulture / R3 who is present in Court, confirms that there are several https://www.mhc.tn.gov.in/judis 6/9 W.P.No.10276 of 2020 typographical errors in the assessment sheet. Hence this assessment does not inspire any confidence and the Court would prefer to apply the quantification, the characterization and the compensation that has been arrived at by the field inspection team as recommended under letter dated 31.12.2019 sent to R2.
16. The quantification / assessment made by R2 in notice dated 26.12.2019, is to be disregarded for more than one reason.
Firstly, it has not been made by an expert in the filed of horticulture. Secondly, it is dated prior to the field inspection report and the same date when R2 commenced work in the property. This is premature as are assessment of damage can only be made only after the work has been fully carried out.
17. For the aforesaid reasons, mandamus is issued to R2 to pay compensation based on the recommendation of R3 dated 31.12.2019 qua drumstick trees, within a period of six weeks from today.
18. Writ petition is allowed in terms of this order. No costs.
24.11.2023 Index:Yes/No Neutral Citation:Yes ssm https://www.mhc.tn.gov.in/judis 7/9 W.P.No.10276 of 2020 To
1.The District Collector, District Collectorate, Dharmapuri - 636 705.
2.The General Manager, Power Grid Corporation of India Ltd., 185, TNHB, Phase II, Dharmapuri Main Road, Tiruppattur - 635 601.
3.The Assistant Director (Planting Material), Office of Asst. Director of Horticulture, Dharmapuri.
https://www.mhc.tn.gov.in/judis 8/9 W.P.No.10276 of 2020 DR. ANITA SUMANTH,J.
ssm W.P.No.10276 of 2020 24.11.2023 https://www.mhc.tn.gov.in/judis 9/9