Ntpc Ltd. vs Kochukuttan on 18 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 210 of 2006()


1. NTPC LTD., REPRESENTED BY ITS
                      ...  Petitioner

                        Vs



1. KOCHUKUTTAN,
                       ...       Respondent

2. RADHAMMA, "CHITHRALAYAM",

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.M.A.SHAFIK

                For Respondent  :SRI.N.HARIDAS

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :18/08/2009

 O R D E R
               PIUS C. KURIAKOSE &
              K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
              L. A. A. No.210 of 2006
    ------------------------------------------------
     Dated this the 18th day of August, 2009

                    JUDGMENT

Pius C. Kuriakose, J

This is an appeal preferred by the Requisitioning

Authority and they are aggrieved by the re-fixation of

the value of lands under acquisition from Rs.735/- per

Are to Rs.9050/- per Are.

2. We have heard the submissions of Mr.Shafik

M. Abdulkhadir, the learned counsel for the appellant

and those of Sri.N.Haridas, the learned counsel for the

claimants/respondents. We have heard

Smt.P.N.Sumangala, the learned Government Pleader

also.

3. Even though there is considerable merit in the

L. A. A. No.210 of 2006 -2-

submissions of Mr.Shafik Abdulkhadir that the

enhancement granted under the impugned judgment

is excessive, we feel that there is justification for

awarding a slightly higher value than what was

awarded by this Court in similar cases. We notice that

the distance from the Muttam junction and the

property under acquisition was only 100 metres. We

notice that this Court vide judgment in L.A.A.1463/05

has re-fixed the value of wet lands for which the Land

Acquisition Officer awarded only Rs.735/- per Are, at

Rs.3,000/- per Are. We are of the view that the same

reasoning can be adopted in this case also. Hence,

allowing this appeal in part, we re-fix the value of wet

lands under acquisition at Rs.3,000/- per Are.

4. The appeal allowed to the above extent, but in

the circumstances, without any order as to costs. It is

L. A. A. No.210 of 2006 -3-

needless to mention that the respondents/claimants

will be entitled for all statutory benefits on the total

enhanced compensation to which they become eligible

by virtue of the re-fixation under this judgment.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-