Kusumakumari vs State Of Kerala on 14 August, 2009

Kerala High Court
Kusumakumari vs State Of Kerala on 14 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 841 of 2002()


1. KUSUMAKUMARI, THIRUVICKAL VEEDU,
                      ...  Petitioner
2. DR.GOPAL, TADEEYATHU, NANGIARKULANGARA,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. NATIONAL THERMAL POWER CORPORATION LTD.,

                For Petitioner  :SRI.K.SASIKUMAR

                For Respondent  :SRI.V.J.JOSEPH

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

 Dated :14/08/2009

 O R D E R
            PIUS C. KURIAKOSE & SURENDRA MOHAN, JJ
             ------------------------------------------------------------------
                              L.A.A.NO.841 OF 2002
                             --------------------------------

                 Dated this the 14th day of August, 2009.

                                  J U D G M E N T

Pius C.Kuriakose,J

This is an appeal filed by the claimants aggrieved by the

inadequacy of the compensation determined by the reference court.

Their properties were acquired for the purpose of National Thermal

Power Corporation for their project at Kayamkulam, Alappuzha. The

Land Acquisition Officer classified the lands as dry land as well as wet

land. For the wet land the Land Acquisition Officer awarded land value at

the rate of Rs.3050/- per Are which under the impugned judgment the

learned Sub Judge enhanced to Rs.4880/-. For the dry lands the Land

Acquisition Officer awarded land value at the rate of Rs. 13200/- which

was re-fixed as Rs.24,000/-.

2. We have heard the submission of Mr.K.Sasikumar learned

counsel for the appellant and those of Sri.Joseph, learned counsel for

requisitioning authority. We have heard Mr. V.T.K.Mohanan, learned

Govt. Pleader. Having considered the rival submission addressed at the

Bar and having made re-appraisal of the evidence, we are of the view

2

that there is warrant for interference with the enhancement granted for dry

lands. On a better assessment based on evidence available on record

we are of the view that the market value of dry lands under acquisition can

be re-fixed at Rs. 6,100/-.

3. The appeal is allowed to the extent of re-fixing the market value

of the dry lands under acquisition at Rs. 6,100/-. Needless to mention

appellants claimants will be eligible for all statutory benefits resulting from

the re-fixation market value under this judgment admissible Sec.23(2) , 23

(1A) and Section 28 of the Land Acquisition Act.

PIUS C. KURIAKOSE ,JUDGE.

K. SURENDRA MOHAN, JUDGE.

pm

The words “dry lands” occurring in paragraphs 2 and 3 of the

judgment dated 14/08/2009 in L.A.A.NO.841/2002 are corrected and

substituted as “reclaimed dry lands” vide order dated 28/05/2010 in

I.A.1233/2010.

Sd/-

Registrar (Judicial)

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