Allowed

The National Thermal Power Corpn.Ltd v. Oommen Abraham

Kerala HC15 Mar 2012LA.App./254/2004

Case brief

AI extract

What is this about?

In this land acquisition appeal, the Court addressed the calculation of enhanced compensation when a reference court award was pending finality. The Court held the reference court's award excessive and allowed the appeal, reducing the compensation rate.

What did the court decide?

Appeal allowed; impugned award modified by refixing land value at Rs. 7,000 per are; claimant entitled to statutory benefits on refixed compensation.

The National Thermal Power Corpn.Ltd Vs Oommen Abraham — Land Acquisition | Kerala HC (2012)

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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 PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933

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LA.App.No.254 of 2004 (C) --------------------------(AGAINST THE DECREE AND JUDGMENT DATED 27/8/2003 IN LAR.157/2002 of PRINCIPAL SUB COURT,ALAPPUZHA)

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APPELLANT(S)/2ND RESPONDENT IN L.A.R.:

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THE NATIONAL THERMAL POWER CORPORATION LIMITED, KAYAMKULAM REPRESENTED BY ITS CHIEF MANAGER (HR). BY ADVS.SRI.V.J.JOSEPH SRI.M.V.LIGI

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RESPONDENT(S)/CLAIMANT AND THE IST RESPONDENT IN L.A.R:

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OOMMEN ABRAHAM, APPETHUVEEDU, KANJOOR, KOTTAKKAKOM, CHINGOLI.

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STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA SECRETARIAT BUILDING, TRIVANDRUM.

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***** ADDITIONAL RESPONDENT NOS.3&5 ARE IMPLEADED:

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CHINNAMMA ABRAHAM, W/O.OOMMEN ABRAHAM, C/O.USHA PHILIP, A.B.M TOWERS, FLAT 5-A1. KADAVANTHARA, KOCHI-20.

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ABRAHAM THOMAS, S/O. OMMEN ABRAHAM, P.O. BOX NO.9282, AHAMADI, KUWAIT.

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ADDITIONAL RESPONDENT NOS.3 AND 4 ARE SOUGHT TO BE IMPLEADED AS PER ORDER DATED 15/03/2012 IN I.A NO.457/2012.

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R1 BY ADV.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) R2 BY SENIOR GOVERNMENT PLEADER SHI.C.R.SYAM KUMAR

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ.

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LAA No.254 of 2004.

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Dated this the 15^th day of March, 2012.

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JUDGMENT

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Pius C. Kuriakose, J .

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This appeal preferred by the requisitioning authority pertains to the acquisition of land in Chengoli village for the purpose of National Thermal Power Corporation Ltd., Kayamkulam Project (NTPC,) pursuant to Section 4(1) notification published on 23/12/1989. The Land Acquisition Officer awarded land value at the rate of Rs.2,200/- per are. The reference court relying on Ext.A1 refixed the land value at Rs.8,000/per are.

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The learned counsel for the appellant submitted that this Court

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as in other cases limited the enhanced compensation to Rs.2,00/- per cent of what was awarded by the Land Acquisition Officer.

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The above submission was opposed by Sri.George Varghese Perumpallikuttiyil, learned counsel for the first respondent. According to him, it was Ext.A1 which was relied on and it has to be verified whether Ext.A1 has attained finality.

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LAA No.254 of 2004 -:2:-

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Mr. C. R. Syam Kumar, learned senior Government Pleader submitted that Ext.A1 has not attained finality. Appeal against Ext.A1 was pending.

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Having considered the the rival submissions addressed at the Bar and having taken into account the number of other judgments of this Court which pertains to the acquisition in the same village for the same purpose, we are of the view that the land value refixed by the learned Subordinate Court is excessive.

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We allow the appeal and modify the impugned award, by refixing the land value at Rs.7,000/- per are. The claimant will be entitled for all statutory benefits on the refixed compensation. Parties are directed to suffer their respective costs.

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PIUS C. KURIAKOSE

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JUDGE

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Sd/-

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A. V. RAMAKRISHNA PILLAI JUDGE

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//TRUE COPY//

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P.A TO JUDGE

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krj

The National Thermal Power Corpn.Ltd v. Oommen Abraham

Case brief

What is this about?

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The National Thermal Power Corpn.Ltd v. Oommen Abraham

Case brief

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