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 19TH JUNE 2009 / 29TH JYAISHTA 1931 LA.App..No. 1425 of 2000(A) --------------------------- LAR.483/1993 of SUB COURT, MAVELIKKARA .................... APPELLANT(S)/CLAIMANT ----------------------- OOMMEN JOHN, APPETHU HOUSE, KANJOOR KOTTAKKAKOM, CHEPPAD BY ADV. SRI.SIBY MATHEW SRI.WILSON URMESE RESPONDENT(S)RESPONDENTS 1 & 2: --------------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL GOVERNMENT PLEADER, MAVELIKARA. 2. N.T.P.C. LIMITED, KAYAMKULAM. BY GOVT.PLEADER SRI.P.K.BABU ADV. SRI.V.J.JOSEPH FOR R2 SRI.A.DINESH RAO FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1425 OF 2000 ------------------------ Dated this the 19th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the claimant whose lands were acquired for the purpose of construction of Staff Quarters for the NTPC. Relevant Section 4(1) notification was published on 10/10/1990. The total extent of property involved was 6.42 Ares. The land acquisition officer awarded land value at the rate of Rs.2200/- per Are. The reference court enhanced the same to Rs.4400/- per Are relying on Ext.A1 judgment. 2. Having gone through the impugned judgment and having considered the circumstance that Ext.A1 has been approved by this court and relying on Ext.A1, properties included in the category of the acquired property, had been uniformly awarded land value at the rate of Rs.4,400/-, we are not inclined to interfere with the refixation of the land value of all wet lands involved in this acquisition at Rs.4,400/- per Are. Sri.Wilson Urmese, learned counsel for the appellant submits that the court L.A.A.No.1425/2000 2 below ought to have accepted the case of the appellant that one cent from out of the acquired property was not wet land, but was actually reclaimed land. Mahazar revealed that there were some improvements on the above mentioned one cent portion of the acquired property. But, at the same time, we are not prepared to accept the learned counsel's argument that the said extent of one cent should be treated as equivalent to pucca dry land. Obviously, that portion was a chira portion lying within a paddy filed. At the same time we feel that, that one cent portion is entitled for much better value than the value fixed for wet lands. We fix the value of that portion of the acquired property at Rs.10000/- per Are. This means that the appellant will be entitled for a further compensation of Rs.7800/- towards land value over and above what is awarded to him under the impugned judgment. 3. The appeal will stand allowed to the above extent. But in the circumstances, parties will suffer their costs. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land acquisition Act for the total enhanced L.A.A.No.1425/2000 3 compensation awarded to him under this judgment. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk L.A.A.No.1425/2000 4 PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1425 OF 2000 ------------------------ JUDGMENT 14TH JUNE 2009