The Kerala High Court refixed the market value of 6.30 Acres of acquired wet land (Purayidam) at Rs 4000 per cent and allowed a cross-objection, while dismissing the main appeal.
Cross objection allowed to the extent of refixing land value; Appellee entitled to statutory benefits under LA Act sections 23(1A), 23(2) and 28.
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
FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931
LA.App..No. 221 of 1999(A) & CROSS OBJECTION
-------------------------LAR.366/1993 of SUB COURT, MAVELIKKARA
APPELLANT(S): ADDITIONAL 2ND RESPONDENT
-------------DEPUTY GENERAL MANAGER NATIONAL THERMAL POWER CORPORATION LTD KAYAMKULAM, ALAPPUZHA
BY ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE SRI.K.ANAND
RESPONDENT(S): CLAIMANTS 1 TO 4 AND RESPONDENT NO.1
LAA.NO.221/99
ADDITIONAL RESPONDENTS
Additional respondents impleaded as the legal heirs of deceased first respondent vide order dated 24-8-04 in I.A.No.1906/04
GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN
SRI.SIBY MATHEW SRI.WILSON URMESE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
L.A.A.No. 221 OF 1999 & Cross Objection
Dated this the 3rd day of July, 2009
JUDGMENT
Pius.C.Kuriakose, J.
This is an appeal by the claimant and the case pertains to acquisition of land in Chingoli village for the purpose of National Thermal Power Corporation. The land acquisition officer awarded land value at a uniform rate of Rs. 2428/- per cent and the reference court under the impugned judgment refixed the same at Rs. 3642/- per cent. All the documents put in evidence by the claimants were rejected by the court below including Ext.A4 dated 16-11-1988 which revealed a land value of Rs. 12,000/- per cent. Ultimately, it is on guess work that the reference court granted 50% enhancement and refixed the land value at Rs. 3642/- per cent.
LAA.No.221/1999 2
submit that going by the records the property was wet land only. We have gone through the mahazer. The mahazer reveals that 6.30 Ares from out of the total extent of 9.10 Ares acquired was actually Purayidam though in the basic records the same is described as Nilam.
Having re-appreciated the evidence, we are of the view that on better guess , the correct market value of 6.30 Ares from out of 9.10 Ares which is lying as Purayidam, could be refixed at Rs. 4,000/- per cent. The cross objection stands allowed to that extent. The appeal stands dismissed. It is made clear that the cross objectors will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which he become eligible by virtue of this judgment. The parties are directed to suffer their costs in the appeal and cross objection. The Appeal is dismissed. The Cross Objection is allowed to the above extent.
PIUS.C.KURIAKOSE JUDGE
P.Q.BARKATH ALI JUDGE
sv.
LAA.No.221/1999 2
2 issues framed by the court
Whether the market value of the acquired wet land (Purayidam) should be refixed after rejecting the claimants' evidence?
Whether the enhanced compensation includes statutory benefits under sections 23(1A), 23(2) and 28 of the Land Acquisition Act?
ADDITIONAL 2ND RESPONDENT, DEPUTY GENERAL MANAGER NATIONAL THERMAL POWER CORPORATION LTD KAYAMKULAM ALAPPUZHA
STATE OF KERALA AND OTHERS
PIUS C KURIAGOSE
P Q BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
