Paul J. Kocheril vs State of Kerala and The Chief Manager, Power Grid

K.M. Joseph, J.—We heard the learned Counsel for the Appellant, learned Counsel for the Power Grid Corporation of India and also the learned senior Government Pleader. The only contention raised before us relates to the fixation of the market value of land.

An extent of 64.35 Ares of land in all belonging to the Appellant came to be acquired for establishing a Sub station for the Power Grid Corporation of India vide Notification dated 28.2.2005. Of the 64.35 Ares 29.03 Ares fell in Group ''A'', 27.92 Ares fell in Group ''B'' and 7.40 Ares fell in Group ''F''. The Land Acquisition Officer awarded Rs. 1,34,382/- per Are for Group ''A'' land, Rs. 98,600/- per Are for Group ''B'' land and Rs. 1,40,781/- per Are for Group ''F''land. The Reference Court re-fixed the land value of Group A, B and F land as Rs. 2,08,292/- per Are, Rs. 1,52,830/- per Are and Rs. 2,18,211 per Are respectively. As against the same in connected appeals this Court has re-fixed the land value at Rs. 2,38,530/- per Are, Rs. 1,62,700/- per Are andRs.2,52,702/- per Are respectively. There is no dispute that the Appellant is entitled to re-fixation of the market value on the basis of the decision of this Court in connected cases. Accordingly, we allow the appeal and hold that the Appellant is entitled to recover Rs. 2,38,530/- per Are for the extent of land comprised in Group ''A'', Rs. 1,62,700/- per Are for the extent of land comprised in Group ''B'' and Rs. 2,52,702/- per Are for the extent of land falling under Group ''F''. We further direct that the Appellant is entitled to all the statutory benefits on the enhanced compensation and also the proportionate cost. We make it clear that the Appellant will not be entitled to interest for the period of delay in terms of the interim order passed in this case. The said order shall also be annexed to the judgment. Appellant is given three weeks'' time to pay the balance court fee payable.