Ponnappan v. State Of Kerala (SC)
BS415530
SUPREME COURT OF INDIA
Before:- H.L. Dattu and Ranjan Gogoi, JJ.
Civil Appeal No. 1090 of 2013 (@ Special Leave Petition (Civil) No. 23384 of 2012). D/d.
8.2.2013.
Ponnappan - Appellant
Versus
State Of Kerala & Anr. - Respondents
Land Acquisition Act, 1894, Sections 4, 6, 23 and 28A - Land acquisition - Compensation - Enhancement of compensation - High Court awarded a compensation in a sum of Rs. 77,000/- per Acre for the lands - In view of the peculiar fact and circumstances of the case apart from the sum awarded by the High Court an enhancement of a total sum of Rs. 1, 48,000/- with all statutory benefits allowed.
[Paras 2 to 4]
ORDER
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of judicature of Kerala at Ernakulam in L.A.A.No.569 of 2011, dated 12th March, 2012. By the impugned judgment and order, the High Court has awarded a compensation in a sum of L 77,000/- per Are for the lands acquired by the respondents.
3. In view of the peculiar facts and circumstances of the case, we are of the considered opinion that apart from the sum awarded by the High Court an enhancement of a total sum of L 1,48,000/- required to be granted.
4. In view of the above, the appeal is allowed. We direct an enhancement of a total compensation in a sum of L 1,48,000/- with all other statutory benefits to the appellant over and above the amount already awarded by the High Court.
5. We make it clear that this order shall not be taken as a precedent in any other case.
Ordered accordingly.