IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 629 of 2009()
1. JOSEPH JOSEPH
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE MANAGING DIRECTOR
For Petitioner :SRI.A.K.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.629 OF 2009
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Dated this the 17th day of June, 2009
JUDGMENT
Pius C.Kuriakose, J.
The claimant is in appeal against the judgment and decree
of the land acquisition reference court. The properties were
acquired for the purpose of establishment of Industrial Growth
Centre at Pallipuram in Cherthala Taluk. The land acquisition
officer included the acquired properties in category 3 and
awarded land value at the rate of Rs.7876/- per Are. The
properties in category 3 are dry lands. But, in the instant case,
the land acquisition officer deducted reclamation charges on the
reason that these dry lands were low lying dry lands. A total
amount of Rs.5,23,600/- was accordingly deducted from the total
compensation determined.
2. As directed by us, Sri.Joby Cyriac, learned standing
counsel for the KSIDC has taken notice on behalf of the second
respondent and we have heard the submissions of Sri. A.K.John
learned counsel for the appellant and those of Sri.Joby Cyriac. It
is fairly conceded before us by Sri.Joby Cyriac that this court and
even the Supreme Court has approved enhancement of the
L.A.A.No.629/2009 2
value of properties in category 3 from Rs.7876/- to 17290/- in
identical cases for identical properties. In vies of the finality
attained by the judgment of the reference court refixing the
value of the properties in category 3 at Rs.17290/-, there is no
justification for denying the benefit of such refixation in this
case. Accordingly, we allow the appeal and refix the value of the
acquired lands in this case at Rs.17290/- per Are. It is needless
to mention that a total amount of Rs.5,23,600/- will be deducted
towards reclamation charges in view of the low lying nature of
the land. It is also needless to mention that the appellant will be
entitled for all statutory benefits admissible under Sections 23
(2), 23(1A) and Section 28 of the Land acquisition Act for the
total enhanced compensation to which he becomes eligible on
account of refixation done by us under this judgment.
The appeal is allowed as above, but in the circumstances
without any order as to costs.
PIUS.C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
dpk