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2012 Supreme(Ker) 45

K.T.SANKARAN
Petronet CCK LTD – Appellant
Versus
Thresiamma – Respondent


Advocates appeared:
For the Petitioner:M. Pathrose Matthai (SR.), Saji Varghese, Mariam Mathai, Advocates.

Judgment

1. Petroleum pipeline was drawn through the land belonging to the first respondent, which has an extent of 2.46 Acres. An extent of 10.82 Ares of land was actually used for laying pipeline underneath the soil. Compensation was awarded by the competent authority under The Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962 (Act No.50 of 1962) (hereinafter referred to as 'the Act'). Dissatisfied with the award, the first respondent filed O.P.No.152 of 2000 before the Court of the District Judge, Palakkad. The court below enhanced the compensation. Petronet C.C.K. Co. Ltd., the requisitioning authority, is aggrieved by the order passed by the learned District Judge.

2. Out of the total extent of 10.82 Ares used for laying pipeline, an extent of 6.16 Ares is a dry land and an extent of 1.66 Ares is part of a rubber plantation. For laying pipeline, 54 rubber trees and three teak trees were cut and removed. The competent authority held that the first respondent was entitled to land value taking into account the value at Rs. 27,272/- per Are for dry land and Rs.12,360/- per Are for the rubber plantation. The competent authority arrived at the total v




































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