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
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L.A.A.NO.841 OF 2002
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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)
