Dismissed

National Thermal Power Corpn. Ltd. v. Bindu

Kerala HC15 Sept 2008LA.App./879/2000

Case brief

AI extract

What is this about?

The Kerala High Court disposed of multiple land acquisition appeals filed by NTPC Limited. The appeals were dismissed as withdrawn upon the appellant's agreement to not pursue cases involving minor land value enhancements. The court directed the reopening of pending payments and barred reliance on these judgments for future valuations.

What did the court decide?

Appeals dismissed as withdrawn. Directed to refund court fees and deposit award amounts due to claimants within one month.

National Thermal Power Corpn. Ltd. Vs Bindu — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930

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LA.App..No. 879 of 2000(D)

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-------------------------LAR.457/1991 of SUB COURT, MAVELIKKARA

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APPELLANT:

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----------THE GENERAL MANAGER, NATIONAL THERMAL POWER CORPORATION LTD., CHOOLATHERUVU, KAYAMKULAM, ALAPPUZHA.

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BY ADV. SRI.K.ANAND (A.201)

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RESPONDENTS:

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------------1.BINDU, PADINJARE WARRIATHU, NANGIARKULANGARA.

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STATE OF KERALA, REP. BY CHIEF SECRETARY, TRIVANDRUM.

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BY ADV. SRI.R.RAMADAS FOR first respondent GOVT.PLEADER SRI.NOBLE MATHEW.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008 ALONG WITH LAA 997/2000 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KURIAN JOSEPH & K.T.SANKARAN, JJ.

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L.A.A. Nos.879 & 997 of 2000,

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329 & 330 of 2001,

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518, 556 & 1464 of 2002,

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326, 1111, 1136, 1184, 1295, 1306, 1308, 1309, 1349 &

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1413 of 2003

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---------------------------------------------Dated 15^th September, 2008. J U D G M E N T

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Kurian Joseph, J.

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These are appeals filed by the requisitioning authority, viz., NTPC Limited, aggrieved by the fixation of land value by the reference court. The acquisition is for NTPC, Kayamkulam. Learned counsel appearing for the appellants, inviting reference to the letter dated 28.8.2008 of the Manager(HR-Law), NTPC submits that as permitted by this court earlier, these cases also can be disposed of, permitting them to withdraw the appeals, since the requisitioning authority does not want to pursue the appeals in respect of the cases where the enhancement in land value is below Rs.50,000/- and where the enhancement is less than 100% for wet land and 150% for dry land. It is also submitted that the judgment in these cases may not be taken as a precedent. Still further it is submitted that with the above condition, this court had already disposed of similar cases granting also the refund of the court fee. The above submissions are not in dispute. It is also not in dispute that these cases are

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LAA NO. 879/2000 & connected cases 2

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covered by the instruction given by the Manager in the letter referred to above(Copy of the said letter will be marked as 'X'). Therefore, the appeals are dismissed as withdrawn with a direction to refund the court fee. In view of the above facts and circumstances, it is made clear that the land value covered by these cases shall not be referred or relied on for the purpose of fixation of land value in other cases. It is also made clear that in case the award amounts due to the claimants covered by these appeals have not been paid to them on the ground of pendency of the appeals, in view of the disposal of the appeals as above, the requisitioning authority shall deposit the award amounts within one month from the date of production of a copy of the judgment, if not already deposited.

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The stay petitions in the appeals are dismissed.

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KURIAN JOSEPH, JUDGE.

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K.T.SANKARAN, JUDGE.

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tgs

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KURIAN JOSEPH & K.T.SANKARAN, JJ

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---------------------------------------------L.A.A. Nos.879 & 997 of 2000, 329 & 330 of 2001, 518, 556 & 1464 of 2002, 326, 1111, 1136, 1184, 1295, 1306, 1308, 1309, 1349 & 1413 of 2003

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J U D G M E N T Dated 15^th September, 2008.

National Thermal Power Corpn. Ltd. v. Bindu

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National Thermal Power Corpn. Ltd. v. Bindu

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