High Court Kerala High Court

State Of Kerala vs C.A.George on 28 September, 2007

Kerala High Court
State Of Kerala vs C.A.George on 28 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 581 of 2001(A)



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. C.A.GEORGE
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.PHILIP MATHEW

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :28/09/2007

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
               ----------------------------------------------
                L.A.A. NOs.581 & 835 OF 2001
               ----------------------------------------------
                  Dated 28th September, 2007.

                           J U D G M E N T

Kurian Joseph, J.

The former appeal is filed by the State and the latter

by the claimants against the judgment and decree in L.A.R.25/94

on the file of the Sub Court, Sulthan Bathery. The acquisition is

for the purpose of Kuttiadi Augmentation Scheme. It is not in

dispute that the acquired property is similar and similarly situated

as that of the property covered by LAR 32/89. The State as well

as the claimants were before this Court against the judgment and

decree in L.A.R.32/89, leading to judgment dated 21.11.2002 in

LAA 736/94. This court dismissed the appeal filed by the State

and allowed the memorandum of Cross Objection preferred by

the claimants therein awarding enhanced compensation at the

rate of Rs.250/- per cent with all statutory benefits including

interest on solatium. For parity of reasons, we dismiss

L.A.A.581/01 filed by the State and allow L.A.A.835/01 filed by the

claimants, declaring that the claimants will be entitled to

enhanced compensation at the rate of Rs.250/- per cent and all

consequential statutory benefits, including interest on solatium.

LAA NOS.581 & 835/01 2

However, it is made clear that the enhanced compensation thus

granted shall not exceed Rs.6,00,000/- since for the purpose of

valuation in the appeal, the claim is limited to Rs.6,00,000/-.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

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L.A.A. NOs.581 & 835 OF 2001

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J U D G M E N T

Dated 28th September, 2007.