Clara vs Kerala State on 2 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 1434 of 2003()


1. CLARA, W/O. PAPPU @ MATHEW,
                      ...  Petitioner

                        Vs



1. KERALA STATE, REPRESENTED BY
                       ...       Respondent

2. KOCHI INTERNATINOAL AIRPORT SOCIETY,

                For Petitioner  :SRI.T.KRISHNAN UNNI

                For Respondent  :SRI.N.N.SUGUNAPALAN, SC, KIAS LTD.

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :02/11/2007

 O R D E R
                         K. PADMANABHAN NAIR ,J.
                     -------------------------------------------------
                              L.A.A.No.1434 of 2003
                     -------------------------------------------------
                   Dated, this the 2nd day of November, 2007

                                    JUDGMENT

This is an appeal filed by the claimant complaining inadequacy of

compensation. The property of the appellant was acquired for a public purpose.

The land value fixed was at the rate of Rs.1,700/- per cent. The appellant claimed

land value at the rate of Rs.50,000/- per cent. Matter was referred to the Sub

Court, North Paravur. Appellant had produced Ext.A1 judgment in

L.A.R.No.134/1998 and claimed at least 96% of the enhanced compensation

awarded in that case. Trial court did not accept that contention but granted

enhancement at the rate of 45%. Challenging that decree and judgment this

appeal is filed.

2. There were connected matters in which cases the learned Sub Judge

relying on Ext.A1 judgment granted enhancement at the rate of 96%. Challenging

those judgments the State as well as the requisitioning authority had filed appeals

before this Court. This Court considered the question and found that the

claimants in those cases are entitled to get enhancement only at the rate of 45%

and scaled down the enhancement to that rate. The above principle applies to the

facts of this case. Hence no merit in this case and the appeal is only to be

dismissed. I make it clear that the appellant is entitled to get interest on the

LAA No.1434/2003 -: 2 :-

enhanced compensation which includes solatium also.

In the result, Land Acquisition Appeal is dismissed.

K. PADMANABHAN NAIR,
JUDGE.

cks

LAA No.1434/2003 -: 3 :-

K.PADMANABHAN NAIR, J.

L.A.A.No.1434 of 2003

JUDGMENT

2nd November, 2007.