IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 718 of 2003(D)
1. KOCHI INTERNATIONAL AIRPORT SOCIETY,
... Petitioner
Vs
1. DEVASSY S/O. CHAKKAPPAN, PADAYATH HOUSE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.N.N.SUGUNAPALAN, SC, KIAS LTD.
For Respondent :SRI.A.X.VARGHESE
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/10/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. 718, 817, 864, 901, 925, 1264, 1391 & 1415 of 2003
4, 12, 15, 24, 34, 37, 79, 108, 120, 147, 223,
234, 644, 648, 694 & 846 of 2004
732 of 2005
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Dated: October 22, 2007
JUDGMENT
Kurian Joseph, J.
These are appeals filed by the requisitioning authority as well as the
State aggrieved by the fixation of land value in respect of the property
acquired for the Cochin International Airport. The Reference Court has
granted land value by granting 65% enhancement to the land value
already fixed by the Land Acquisition Officer. According to the appellants
and the second respondent, the enhancement is not reasonable; whereas
the claimants contend that the enhancement is not sufficient. It is brought
to our notice that in several cases this court has remitted the matter for
fresh consideration by the Reference Court. It is seen from the judgment
of the Reference Court that there is no proper discussion with regard to the
evidence already available on record. The appellants as well as the
respondents pray for an opportunity to adduce evidence before the
Reference Court. We find that LAA No.1532/2005 has already been
disposed of remanding the reference. It is submitted that several similar
cases also have been remanded. In view of the submission as above and
taking note of the fact that connected cases have already been remitted to
L.A.A.Nos.718, 817, 864, 901, 925, 1264,1391 & 1415 of 2003
4, 12, 15, 24, 34, 37, 79, 108, 120, 147, 223,
234, 644, 648, 694 & 846 of 2004
732 of 2005
Page numbers
the Reference Court, we set aside the judgment and decree in all these
cases and remit the matters to the Sub Court, North Paravur. The parties
are at liberty to adduce fresh evidence. The parties will appear before the
Reference Court on 3.12.2007.
In view of the order passed in these Land Acquisition Appeals, the
relief sought for in the stay petitions need not be considered by this court.
Accordingly, the stay petitions in the appeals are dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE.
mt/-
L.A.A.Nos.718, 817, 864, 901, 925, 1264,1391 & 1415 of 2003
4, 12, 15, 24, 34, 37, 79, 108, 120, 147, 223,
234, 644, 648, 694 & 846 of 2004
732 of 2005
Page numbers
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
———————————————-
L.A.A.Nos.718, 817, 864, 901,
925, 1264, 1391 & 1415 of 2003
4, 12, 15, 24, 34, 37, 79, 108,
120, 147, 223, 234, 644, 648, 694
& 846 of 2004
732 of 2005
JUDGMENT
———————————————-
22.10.2007