IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1900 of 2008(D)
1. KAUSALIYA VIJAYAMMA
... Petitioner
Vs
1. STATE OF KERALA , REP. BY DISTRICT
... Respondent
2. HINDUSTAN PETROLEUM CORPORATION
For Petitioner :SRI.C.RAJENDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/01/2009
O R D E R
M.N.KRISHNAN, J.
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L.A.A.No.1900 of 2008
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Dated, this the 8th day of January, 2009
JUDGMENT
This appeal is preferred against the award of the Subordinate
Judge’s Court, Kollam in L.A.R.No.82 of 1994. The market value of the
land is fixed at Rs.7368/- per Are and Rs.1842 per Are. Therefore, the
court below granted an enhanced market value of Rs.11826 with all other
statutory benefits. It is against that decision the claimant has come up in
appeal.
2. Large number of appeals were filed by the second
respondent Hindustan Petroleum Corporation Limited and a Division
Bench of this Court in the batch of cases in L.A.A.No.514 of 2004, etc.
found that the matter has been compromised between the claimants and
therefore, disposed of those appeals. L.A.A.No.632 of 2004 was against
the order in L.A.R.No.103 of 1994. L.A.R.No.103 of 1994 is one of the
cases including L.A.R.No.82 of 1994 which has been disposed of by a
common award. A perusal of paragraph 22 of the award would reveal that
the market value in L.A.R.No.103 of 1994 was also fixed as Rs.7368/- per
Are and Rs.1842/- per Are . The Division Bench held thus: “Accordingly
these appeals are disposed of as settled between the parties sustaining the
land value and compensation as fixed by the reference court”. So the
Division Bench had taken specific note of the value fixed by the land
L.A.A.No.1900 of 2008
2
acquisition court and thereafter had sustained that finding and then had
disposed of the appeals on the basis of the settlement between the parties.
Large number of cases are disposed of by the trial court on the basis of
common evidence, common documents and common value and, therefore,
it would not be fair or proper on the part of this Court to inter meddle with
the finding of such award and either decrease or enhance the compensation
fixed by the land acquisition court. So, in the light of these materials, as
well as on going through the award that it is a sufficiently satisfactory
one, I hold that there is no ground to entertain this appeal.
Therefore, the appeal is dismissed, but without costs. I direct
the Hindustan Petroleum Corporation Limited to deposit the amount
immediately, if not done, so that the claimant should atleast get the amount
to which she is entitled under law.
M.N.KRISHNAN,
JUDGE
vns