IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2492 of 2008()
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
Vs
1. SANTHAKUMARI,
... Respondent
2. VINODINI,
3. ANILKUMAR,
4. MINI,
5. HEMALATHA,
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :19/05/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.Nos. 2076, 2180,2227,2492 of 2008 &
842 OF 2009 and C.O.Nos.15/2009
in L.A.A. NO.2076/2008 & C.O.16/2009 IN
L.A.A.NO.2180/2008
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Dated this the 19th day of May, 2010
JUDGMENT
Pius C.Kuriakose, J.
All these appeals by the Government pertain to acquisition
of land for the purpose of Calicut Bye-pass pursuant to Section 4
(1) notification published on 8/8/1993. The Land Acquisition
Officer awarded land value at the rate of Rs.13200/- per cent.
The Reference Court, relying on the evidence which came on
record, has refixed the land value at the rate of Rs.55,000/- per
cent. In fact the impugned common judgment is passed by the
Reference Court pursuant to orders of remand passed by this
court in the appeal preferred earlier.
2. Our attention is drawn by the learned senior Government
Pleader Smt.Latha T.Thankappan to the judgment of this court in
L.A.A. No.277/2009 dated 18/6/2009, to which one of us(PCK(J))
is party. We have gone through the judges paper in L.A.A. No.
277/2009. We are convinced that the submission of the learned
senior Government Pleader that the decision in L.A.A.
No.277/2009 covers the issues involved in these appeals in
LAA.No.2492/2008 & others 2
favour of the Government to a certain extent is correct. In that
case also the rates were the same and the acquisition was also
the same. Under that judgment, the market value of the lands
were reduced and refixed at Rs.48,000/- per cent. For the
reasons stated in that judgment, the impugned common
judgment is also liable to be interfered with. It is so done. In
modification of the impugned judgment, we refix the market
value of land under acquisition at Rs.48,000/- per cent.
4. The appeals are allowed to the above extent. The Cross
Objections are dismissed. The parties are directed to suffer their
respective costs.
C.O.Nos.15/2009 in L.A.A No.2076/2008 & 16/2009 in
L.A.A.No.2180/2008 are dismissed. It is needless to mention
that the claimants will be entitled for all statutory benefits
admissible under Section 23(2), 23(1A) and Section 28 of the Act
on the total enhanced compensation to which they become
eligible by virtue of this judgment.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk