IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 99 of 2009()
1. V.K. ABDUL RAHIMAN, S/O. KOMU,
... Petitioner
Vs
1. THE COMPETENT AUTHORITY,
... Respondent
2. PETRONET CCK LTD.,
For Petitioner :SRI.M.K.ABOOBACKER
For Respondent :SRI.M.PATHROSE MATTHAI (SR.)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :21/12/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
V.K. MOHANAN, JJ.
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C. R. P. No. 99 OF 2009
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Dated this the 21st day of December, 2009
O R D E R
Ramachandran Nair, J.
Heard counsel for the petitioner and standing counsel for the
second respondent-Corporation. The land acquired for laying pipeline
for the Corporation is 40.20 cents, which is part of 3.16 acres of land
owned by the petitioner. Compensation awarded is based on the land
value fixed by the statutory authority at Rs. 42,900/- per cent. The case
of the petitioner is that land value fixed is very low because land is near
the Alwaye town and is garden land fit for construction of godown,
house, etc. Petitioner contended that land is divided into two and road
access is now available only to 5 ares of land because balance land is
cut-off from this property through the pipeline. Standing counsel
appearing for the Corporation submitted that petitioner’s case was that
market value of the land is only Rs. 50,000/- and therefore this Court
should not give enhancement above Rs. 50,000/- per cent. However,
we have today disposed of connected cases pertaining to the same
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acquisition wherein we have fixed land value for marshy land, which
was once cultivated with paddy, at Rs. 50,000/- per cent. Further
petitioner in this case has claimed compensation at 40% of the value of
land for the loss suffered by him. 40% of the compensation claimed by
him for the value of land at Rs. 50,000/- per cent is Rs. 20,000/-. Since
Section 10(4) provides for compensation at 10% of the market value,
we do not think we can enhance the compensation above the statutory
percentage for the restrictions on land. Further since prohibition under
Section 9 is only against construction of building, planting of trees, etc.
petitioner is entitled to construct road over the land beneath which
pipeline is laid without causing any damage to the pipeline. We
therefore reject the petitioner’s contention that road access to his
balance property is lost to him and at the same time we declare that
petitioner is entitled to make road over the land beneath which pipeline
is laid. We therefore allow the revision in part by fixing the land value
at Rs. 75,000/- per cent for the purpose of compensation and direct the
Corporation to give 10% thereof towards compensation under Section
10(4) of the Act. Interest will be given to the petitioner at the rate of
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6% from the date of notification till payment.
(C.N.RAMACHANDRAN NAIR)
Judge.
(V.K. MOHANAN)
Judge.
kk
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