IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 LA.App..No. 256 of 2009(D) -------------------------- LAR.486/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S)/CLAIMANTS B TO E.: -------------- 1. K.M.VARGHESE, KAIPPALLIL BATHELIL HOUSE, NANGIARKULANGARA MURI, CHINGOLI VILLAGE, KARTHIKPPALLIL TALUK, ALAPPUZHA DISTRICT. 2. K.M.GEORGE, -DO- 3 K.M. SYMON, -DO- 4. GRACY MATHEW -DO- BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA. 2. NATIONAL THERMAL POWER CORPORATION LTD., REPREENTED BY ITS GENERAL MANAGER. ADV. SRI.K.ANAND (A.201) SRI.M.R.ANAND FOR R2 SMT.LATHA KRISHNAN FOR R2 BY G.P. SRI.T.T..JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..No. 256 OF 2009 ------------------------ Dated this the 30 th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal pertains to acquisition of land in Chingoli village pursuant to Section 4(1) notification published on 18/10/1989 for the purpose of National Thermal Power Corporation. The Land Acquisition Officer treated 13.70 Ares of land as wet lands and awarded land value at the rate of Rs.3050/- per Are. It was noticed that 1.80 Ares belonging to the appellant was lying as a road. On the reason that the above portion is lying as road under user by general public, the Land Acquisition Officer awarded nominal amount of Rs.1/-. The Reference Court on evaluating the evidence would refix the land value at Rs.4,880/- per Are. For the so called road portion, the Reference Court did not grant any enhancement. 2. Today when the appeal came up for hearing, both sides sought for an adjournment. We are not inclined grant LAA.No.256/2009 2 adjournment as the issue is covered in favour of the claimant by various judgments of this court. We keep in mind various other judgments of this court refixing the value of land under acquisition in Chingoli village acquired for the same purpose, and refix the value of 13.70 Ares at Rs.9150/- per Are. 3. We cannot justify the decision of the Land Acquisition Officer and the Reference Court to award only Rs.1/- for 1.80 Ares which was lying as road. According to us, the title over that portion vested with the appellant. The appellant should have been awarded at least 40% of the market value of the adjourning lands. For the above portion of 1.80 Ares, we refix the value at Rs.3060/- per Are. The appeal is allowed as above. On the refixed compensation, the appellant will be entitled for statutory benefits admissible under Section 23(2), 23(1A) and 28 of the Act. However, while providing for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order condoning the delay. This means that during the period by which the appeal was delayed interest under Section 28 will not be admissible. LAA.No.256/2009 3 The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk LAA.No.256/2009 4 PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..No. 256 OF 2009 ------------------------ JUDGMENT 30th June 2011