Kochi Refineries Ltd. vs Hindustan Petroleum Corporation and State of Kerala

Pius C. Kuriakose, J.—These appeals preferred by the requisitioning authority are directed against a common judgment of the Land Acquisition Reference Court. The acquisition was pursuant to Section 4(1) notification dated 23-7-1999 for the purpose of establishing a risk zone for the requisitioning authority, viz. the Kochi Refineries Ltd. The L.A.O. awarded value at the rate of Rs. 1,08,600/- per Are. The Reference Court under the impugned judgment on evaluating the evidence would re-fix the land value at Rs. 1,60,651/- per Are, thus granting increase by 47.92%. Having gone through the impugned judgments and having considered the submissions addressed before us by Smt. Thushara James, Learned Counsel for the requisitioning authority and Sri. Vinod Madhavan, Learned Counsel appearing for the claimants, we are of the view that it is more or less the correct market value of the property which has been arrived at by the learned Subordinate Judge under the impugned judgments. At the same time, in view of the judgment of the Supreme Court in Atma Singh (died) through LRs. and Others Vs. State of Haryana and Another, we are of the view that the learned Subordinate Judge went wrong in not making suitable deductions taking into account the largeness of the holding. We notice that the extent of the holding involved in LAA. No. 1090 of 2007 is 279.59 Ares. In view of the largeness of the extent we make a deduction of 5%. Making such a deduction, the value to be given to the claimant in that case will come to Rs. 1,52,618/- per Are. We round off that amount to Rs. 1,53,000/- per Are.

Result is that LAA. No. 1090 of 2007 alone will stand allowed re-fixing the market value at Rs. 1,53,000/-. In all other respects the impugned judgments will stand confirmed. The parties are directed to suffer their costs.