RADHA BHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimants are in appeal. THEir property in Chingoli village was acquired pursuant to Section 4(1) notification published on 17/4/1990 for the purpose of Kayamkulam unit of NTPC. THE lands were wet lands for which the Land Acquisition Officer awarded land value at the rate of Rs.2,200/- per Are. Before the Reference Court the appellants placed reliance on Exts.A1 and A2 judgments of the same court, in which for the identical property the land value had been refixed at the rate of Rs.6400/- per Are. THE court below did not become inclined to rely on Exts.A1 and A2 for the reason that the appeals were pending in the High Court against Exts.A1 and A2. It is submitted by the learned counsel for the appellants that both those appeals were dismissed by this court approving the rate at Rs.6400/- per Are.

(2.) SMT.Latha Anand learned standing counsel appearing for the requisitioning authority submitted that against the impugned award of the Reference Court, the NTPC had preferred an appeal and that appeal was withdrawn from the NTPC. It was the duty of the present appellants to have brought to the notice of this court the pendency of the present appeal at the time when the appeal preferred by the NTPC was being considered. Therefore, prejudice will be caused to the NTPC if this court allows the present appeal and grants further enhancement to the appellants.