SOSA Vs. STATE OF KERALA

JUDGEMENT

(1.) The claimants are the appellants. An extent of 55.49 Ares of dryland and 62.51 Ares of wetland comprised in survey Nos.50/5, 50/6, and 50/9 of Thiruvankulam Village belonging to them were acquired for the purpose of installing storage tanks of Indian Oil Corporation. The notification under Sec. 4(1) of the Land Acquisition Act, 1894 was published on 19/12/1994. The Land Acquisition Officer awarded Rs.33,480.00 per Are for the dry land and Rs.4,780.00 per Are for the wetland. The claimants protested. In the reference, L.A.R.No.151 of 1997, the Sub Court, Ernakulam refixed the land value for the dry land as Rs.46,872.00 per Are and for the wetland, Rs.7,170.00 per Are.

(2.) Aggrieved by that judgment claimants filed this appeal under Order XLI, Rule 1 of the Code of Civil Procedure, 1908 and Sec. 54 of the Land Acquisition Act, 1984.

(3.) As per the judgment dtd. 11/6/2010 this Court enhanced the land value; Rs.50,000.00 per Are for the dry land and Rs.11,875.00 for the wetland. Dissatisfied with that, the claimants-appellants filed Civil Appeal No.9830 of 2013 before the Apex court. The appeal was allowed in part and the matter was remitted to this Court to decide the appeal for re- determination of the value of the wetland. The operative part in the judgment of the Apex Court dtd. 15/3/2023 is as follows: