IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 322 of 2003()
1. ANTHRAYOSE, S/O. PAULO,
... Petitioner
Vs
1. STATE OF KERALA.
... Respondent
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent :GOVERNMENT PLEADER(NO MEMO)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :02/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.322 OF 2003
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Dated this the 2nd day of June, 2009
JUDGMENT
Pius C.Kuriakose, J.
This appeal pertains to acquisition for the construction of
Idamalayar Irrigation Project, Chalakudy. The claimant is the
appellant and his property was included by the land acquisition
officer in category 3 and he was awarded land value by the land
acquisition officer at the rate of Rs.4,400/- per Are. The
reference court under the impugned judgment would grant
enhancement by 50% and refix the land value at the rate of
Rs.6,600/- per Are. Our attention was drawn by Sri. Julian
Xavier, learned counsel for the appellant, to our own common
judgment dated 20.5.2009 in L.A.A. No.954/2002 series. All
those appeals were pertaining to the acquisition for the same
project pursuant to the very same section 4(1) notification.
Under that judgment, on making a thorough reappreciation of
the evidence which was there before the trial court, we refixed
the value of the lands in category 2 at Rs.10,000/- per Are and
those in categories 4 ad 5 respectively at Rs.8,900/- per Are and
L.A.A..No.322/2003 2
Rs.6,800/- per Are. In fact, what we did was to determine the
value of the properties in category 2 and then follow the ratio
followed by the land acquisition officer in his original award for
determining the values of the properties in the other categories.
It is submitted by Sri.Jullan Xavier learned counsel for the
appellant and seen from the award that the land acquisition
officer had granted value of more than 93% of the value granted
by him for the properties in category 2. We adopt the same
ratio and refix the value of the properties in category 3 at
Rs.9300/-.
2. Accordingly, this appeal will stand allowed and the
value of the acquired properties is refixed at Rs.9,300/- per Are.
The appellant is awarded enhanced compensation on that basis.
It is needless to mention that the appellant will be entitled for the
statutory benefits resulting from the refixation made by us under
this judgment. In the circumstances of this appeal, the parties
are directed to suffer their costs.
PIUS.C.KURIAKOSE,JUDGE
P.Q.BARKATH ALI, JUDGE
dpk
L.A.A..No.322/2003 3
PIUS.C.KURIAKOSE &
P.Q.BARKATH ALI, JJ.
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L.A.A.No.322 OF 1998
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JUDGMENT
2ND JUNE 2009