High Court Kerala High Court

State Of Kerala vs Lathika Devi on 12 August, 2010

Kerala High Court
State Of Kerala vs Lathika Devi on 12 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 273 of 2010()


1. STATE OF KERALA, REP. BY THE
                      ...  Petitioner

                        Vs



1. LATHIKA DEVI,
                       ...       Respondent

2. THE CHIEF CONSTRUCTION ENGINEER,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.RAM MOHAN.G.

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/08/2010

 O R D E R
               PIUS C. KURIAKOSE &
              C. K. ABDUL REHIM, JJ.
    ------------------------------------------------
              L. A. A. No.273 of 2010
    ------------------------------------------------
     Dated this the 12th day of August, 2010

                    JUDGMENT

Pius C. Kuriakose, J

The Government is in appeal. The property

was in Peroorkada village acquired for the purpose

of expansion programme of ISRO. The relevant

Section 4(1) notification was published on

22/04/04. The Land Acquisition Officer awarded

land value at the rate of Rs.20,687/- per Are. The

Reference Court on the basis of the evidence that

came on record re-fixed the value of land at Rs.5

lakhs per Are.

2. Having considered the rival submissions

addressed before us by Smt.Latha T. Thankappan,

the learned senior Government Pleader and also

Sri.G.Ram Mohan, the learned counsel for the

L. A. A. No.273 of 2010 -2-

respondent and having taken into account the

judgment of this Court in other cases pertaining to

acquisition of land for the same purpose

particularly, the judgment of this Court in

LAA.411/10, we are of the view that the appeal is

to be allowed to a considerable extent.

Accordingly, we re-fix the market value of the

land under acquisition at Rs.2,33,145/-. The

appeal is allowed as above.

3. The claimant will be entitled for all

statutory benefits on the re-fixed compensation.

Parties are directed to suffer their respective

costs.

PIUS C. KURIAKOSE
JUDGE

C. K. ABDUL REHIM
JUDGE
kns/-