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