Loading...

The Chief Manager(Hr) vs Varghese on 13 July, 2009

Kerala High Court
The Chief Manager(Hr) vs Varghese on 13 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 227 of 2005()


1. THE CHIEF MANAGER(HR),
                      ...  Petitioner

                        Vs



1. VARGHESE, GRACE COTTAGE
                       ...       Respondent

2. ELIAMMA, DO.DO.

3. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.B.S.KRISHNAN (SR.)

                For Respondent  :SRI.PHILIP M.VARUGHESE

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :13/07/2009

 O R D E R
               PIUS C. KURIAKOSE &
               P. Q. BARKATH ALI, JJ.
           ------------------------------------------------
                   L. A. A. No.227 of 2005
           ------------------------------------------------
            Dated this the 13th day of July, 2009

                          JUDGMENT

Pius C. Kuriakose, J

This is an appeal preferred by the requisitioning

authority, NTPC. Under the impugned judgment, the

Reference Court re-fixed the value of land under

acquisition at Rs.12,000/- per Are relying on the

judgment in L.A.R.109/98 of the same court.

2. We have today allowed L.A.A.54/04 filed by

the NTPC against the judgment and decree in

L.A.R.109/98 and re-fixed the value of the land under

acquisition in that case at Rs.9,000/- per Are.

Necessarily, the impugned judgment has to be

interfered with and the value of the lands under

acquisition has to be reduced and re-fixed at

Rs.9,000/- per Are.

L. A. A. No.227 of 2005 -2-

3. The result is that the appeal stands allowed.

The judgment and decree under appeal are set aside.

The value of the land under acquisition is re-fixed at

Rs.9,000/- per Are. The respondents/claimants will be

entitled for all statutory benefits admissible under

Section 23(2), 23(1A) and under Section 28 of the

Land Acquisition Act on the total enhanced

compensation to which they become eligible by virtue

of the re-fixation of the market value at Rs.9,000/-

per Are.

Appeal allowed, but in the circumstances without

any order as to costs.

PIUS C. KURIAKOSE
JUDGE

P. Q. BARKATH ALI
JUDGE
kns/-

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information