IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 376 of 2006(D)
1. THE MANAGING DIRECTOR, KSIDC,
... Petitioner
Vs
1. CHOYIMADATHIL IMBICHI ALI,
... Respondent
2. THE DISTRICT COLLECTOR, KOZHIKODE.
For Petitioner :SRI.JOBY CYRIAC, SC, KSIDC
For Respondent :ADDL.ADVOCATE GENERAL
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :02/06/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A. Nos.376, 377,379 & 480 of 2006
And
L.A.A.Nos.98 & 466 of 2007
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Dated this the 2nd day of June, 2010
J U D G M E N T
———————-
Pius C.Kuriakose,J.
Issue raised by the appellants in these appeals
namely the requisitioning authority KSIDC and the State is
actually covered in their favour by judgment of this court in
LAA.No.381/2006, common Judgment in LAA.No.659/2005
series etc. Acquisition was for the purpose of widening of
PWD road from Vattoli to Kinalur leading to KSIDC’s
Industrial Growth Centre. Land Acquisition Officer awarded
land value at Rs.3,013/- per cent. Under the impugned
judgment the reference court re-fixed the same at Rs.8,000/-
per cent. Under the common judgment in LAA.No.659/2005
series and the judgment in LAA.No.381/2006 this court
modified the award of the reference court and re-fixed land
value at Rs.7,500/- per cent. Necessarily the impugned
judgments are to be interfered with and land value re-fixed
L.A.A.376,377,379& 480 of 2006 &
98 & 466 of 2007 2
accordingly.
2. The result is that all these appeals will stand
allowed. Value of land under acquisition will stand re-fixed at
Rs.7,500/- per cent. However, claimants will be entitled for
all statutory benefits on the total enhanced compensation
admissible under Section 23(1A), 23(2) and 28 of the Land
Acquisition Act by virtue of this judgment. Parties are
directed to suffer their respective costs.
PIUS C.KURIAKOSE, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb