IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 CRP.No. 99 of 2009() -------------------- OP(PMP).35/2006 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... REVN. PETITIONER(S): APPLICANT ------------------------------ V.K. ABDUL RAHIMAN, S/O. KOMU, VEZHAPPILY HOUSE, ALUVA WEST VILLAGE, ALUVA. BY ADV. SRI.M.K.ABOOBACKER RESPONDENT(S): RESPONDENTS -------------------------- 1. THE COMPETENT AUTHORITY, (DY. COLLECTOR), COCHIN COIMBATORE KAOOR PIPE LINE PROJECT, GOLDEN PLAZA ANNEXE, CHITTOOR ROAD, COCHIN-18. 2. PETRONET CCK LTD., IRUMBANAM INSTALLATION OF BPCL, IRUMBANAM, REP. BY ITS SECRETARY, S. RAMESH. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R2 SRI.SAJI VARGHESE FOR R2 SMT.MARIAM MATHAI FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- C. R. P. No. 99 OF 2009 -------------------------------------------- Dated this the 21st day of December, 2009 O R D E R Ramachandran Nair, J. Heard counsel for the petitioner and standing counsel for the second respondent-Corporation. The land acquired for laying pipeline for the Corporation is 40.20 cents, which is part of 3.16 acres of land owned by the petitioner. Compensation awarded is based on the land value fixed by the statutory authority at Rs. 42,900/- per cent. The case of the petitioner is that land value fixed is very low because land is near the Alwaye town and is garden land fit for construction of godown, house, etc. Petitioner contended that land is divided into two and road access is now available only to 5 ares of land because balance land is cut-off from this property through the pipeline. Standing counsel appearing for the Corporation submitted that petitioner's case was that market value of the land is only Rs. 50,000/- and therefore this Court should not give enhancement above Rs. 50,000/- per cent. However, we have today disposed of connected cases pertaining to the same 2 acquisition wherein we have fixed land value for marshy land, which was once cultivated with paddy, at Rs. 50,000/- per cent. Further petitioner in this case has claimed compensation at 40% of the value of land for the loss suffered by him. 40% of the compensation claimed by him for the value of land at Rs. 50,000/- per cent is Rs. 20,000/-. Since Section 10(4) provides for compensation at 10% of the market value, we do not think we can enhance the compensation above the statutory percentage for the restrictions on land. Further since prohibition under Section 9 is only against construction of building, planting of trees, etc. petitioner is entitled to construct road over the land beneath which pipeline is laid without causing any damage to the pipeline. We therefore reject the petitioner's contention that road access to his balance property is lost to him and at the same time we declare that petitioner is entitled to make road over the land beneath which pipeline is laid. We therefore allow the revision in part by fixing the land value at Rs. 75,000/- per cent for the purpose of compensation and direct the Corporation to give 10% thereof towards compensation under Section 10(4) of the Act. Interest will be given to the petitioner at the rate of 3 6% from the date of notification till payment. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 4