MATHEW.K.X@MATHAIKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) JUDGMENT 1. Petitioners have approached this Court seeking the following prayers:-

(2.) Heard learned counsel for the petitioners and the learned Government Pleader.

(3.) The learned counsel for the petitioners would submit that the petitioners had 1.39 Ares of land in Survey No.168/5 of Elamkulam Village. The property was acquired for the purpose of Pulleppady Thammanam Road by the Cochin Corporation. It is stated that further extent of 1.41 Ares of land was also acquired for the same purpose. It is stated that pursuant to the requisition by the Cochin Corporation, Exts.P10 and P11 agreements have been executed by the petitioners. It is stated that the petitioners had made a request for enhancement on the land value as fixed by the DLPC, which was rejected by Ext.P14. Ext.P14 says that the petitioner had been granted the land value eligible as per the basic valuation report prepared by the DLPC and that no enhancement of the same is warranted. The learned counsel for the petitioner relies on the decision of the Division Bench of this Court, wherein it has been held that even where the land is purchased by negotiation, and where there is provision in the agreement that the compensation shall be fixed in terms of 2013 Act, petitioners are well within their rights in seeking enhancement of compensation in terms of Section 64.