Partly allowed

Kochi Refineries Ltd. v. M/S.Hindustan Petroleum Corporation Ltd.

Kerala HC16 Aug 2010LA.App./817/2007

Case brief

AI extract

What is this about?

The High Court modified the market value fixed in a land acquisition reference by ordering a 5% deduction due to the largeness of the holding, resulting in a revised compensation rate while confirming other aspects of the impugned judgment.

What did the court decide?

LAA No. 1090 of 2007 allowed by re-fijzing market value at Rs.1,53,000/- per Are; other respects of impugned judgments confirmed.

Kochi Refineries Ltd. Vs M/S.Hindustan Petroleum Corporation… — Land Acquisition | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM

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MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 LA.App..No. 817 of 2007(D) -------------------------LAR.26/2002 of ADDL.SUB COURT, North PARAVUR

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APPELLANT(S): ADDL. 2ND RESPONDENT

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KOCHI REFINERIES LTD., P.B.NO.2, AMBALAMUGAL. (NOW BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY).

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BY ADV. SRI.P.A.HILAL THUSHARA JAMES(NO VAK)

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RESPONDENT(S): CLAIMANT & 1ST RESPONDENT

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M/S. HINDUSTAN PETROLEUM CORPORATION LTD., AMBALAMUGHAL. 2. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.), KOCHI REFINERIES LTD., VYTTILA. ADV. SRI.R.PADMARAJ FOR R1 SRI.BIJU HARIHARAN FOR R1 SRI.N.P.SETHU FOR R1 SRI.K.M.VOKAS FOR R1 SRI.ANTONY JOSEPH MARIADAS FOR R1 GOVERNMENT PLEADER FOR R2

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, ALONG WITH LAA NO. 1090 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.

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LAA. No. 817 & 1090 of 2007

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Dated this the 16^th day of August, 2010

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J U D G M E N T

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Pius C.Kuriakose, J.

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These appeals preferred by the requisitioning authority are directed against a common judgment of the Land Acquisition Reference Court. The acquisition was pursuant to Section 4(1) notification dated 23-7-1999 for the purpose of establishing a risk zone for the requisitioning authority, viz. the Kochi Refineries Ltd. The L.A.O. awarded value at the rate of Rs.1,08,600/- per Are. The Reference Court under the impugned judgment on evaluating the evidence would re-fix the land value at Rs.1,60,651/- per Are, thus granting increase by 47.92%. Having gone through the impugned judgments and having considered the submissions addressed before us by Smt.Thushara James, learned counsel for the requisitioning authority and Sri.Vinod Madhavan, learned counsel appearing for the

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LAA. 817 & 1090 of 2007

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claimants, we are of the view that it is more or less the correct market value of the property which has been arrived at by the learned Subordinate Judge under the impugned judgments. At the same time, in view of the judgment of the Supreme Court in Atma Singh (dead) through L.Rs. and others v. State of Haryana and another, (2008) 2 SCC 568 we are of the view that the learned Subordinate Judge went wrong in not making suitable deductions taking into account the largeness of the holding. We notice that the extent of the holding involved in LAA. No. 1090 of 2007 is 279.59 Ares. In view of the largeness of the extent we make a deduction of 5%. Making such a deduction, the value to be given to the claimant in that case will come to Rs.1,52,618/per Are. We round off that amount to Rs.1,53,000/- per Are.

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Result is that LAA. No. 1090 of 2007 alone will stand allowed re-fixing the market value at Rs.1,53,000/-. In all

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LAA. 817 & 1090 of 2007

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other respects the impugned judgments will stand

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confirmed. The parties are directed to suffer their costs.

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(PIUS C.KURIAKOSE, JUDGE)