The Kerala High Court dismissed an appeal challenging the 100% enhancement of land compensation for a wetland in Chingoli village acquired for NTPC, noting prior approvals for similar enhancements and the appellant's policy to withdraw cent percent enhancement cases.
The appeal was dismissed without any ground being found to entertain it further.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931
LA.App..No. 1523 of 2002 (A) ---------------------------------LAR.136/1994 of SUB COURT, MAVELIKKARA ....................
APPELLANT(S): 2ND RESPONDENT
-----------------------------------------
THE NATIONAL THERMAL POWER CORPORATION LTD., KAYAMKULAM- REPRESENTED BY ITS GENERAL MANAGER (O & M)
BY ADV. SRI.V.J.JOSEPH
RESPONDENT(S): CLAIMANT & 1ST RESPONDENT
---------------------------------------------------------
1. SMT. VILASINIKUNJAMMA, AYODHYA, KADAPPAKKADA, KOLLAM.
2. STATE OF KERALA- REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVT. OF KERALA, SECRETARIAT BUILDING, TRIVANDRUM.
ADV. SRI.S.KRISHNAMOORTHY FOR R1 GOVERNMENT PLEADER SRI.BIJOYCHANDRAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
L. A. A. No.1523 of 2002
Dated this the 1st day of July, 2009
JUDGMENT
Pius C. Kuriakose, J
We do not find any ground to entertain this
appeal any longer. This appeal was filed challenging the enhancement of compensation in a Land Acquisition Reference Case pertaining to acquisition of land in Chingoli village for the purpose of NTPC. The relevant Section 4(1) notification was published on 17/04/1990. The property under acquisition was a wetland for which the Land Acquisition Officer awarded land value at the rate of Rs.2,600/- per Are. The Reference Court under the impugned judgment enhanced the land value at the rate of Rs.5,200/- per
Are, i.e. cent percent enhancement. It is brought to
L. A. A. No.1523 of 2002 -2-
our notice that this Court has approved enhancement at this rate in identical cases pursuant to same acquisition. It was the policy decision of the NTPC to withdraw the appeals which they had preferred in cases where enhancement was only cent percent of what was originally awarded. For both these reasons, this appeal will stand dismissed.
PIUS C. KURIAKOSE JUDGE
P. Q. BARKATH ALI JUDGE
kns/-
1 issue framed by the court
Whether an appeal challenging the enhancement of compensation by 100% should be entertained given established precedent and policy decisions for cent percent enhancements.
1 provisions across 1 enactments
NTPC LIMITED, KAYAMKULAM
SMT. VILASINIKUNJAMMA
STATE OF KERALA
PIUS C. KURIAKOSE
P. Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
