IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 721 of 2009()
1. MINIMOL, W/O. LATE SHAJU,
... Petitioner
2. SNEHA, D/O.LATE SHAJU,
3. ELIZABETH.M/O.LATE SRI.SHAJU,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.K.RADHAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :11/01/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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L.A.A.Nos. 721 & 749 OF 2009
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Dated this the 11th day of January, 2011
JUDGMENT
Pius C.Kuriakose, J.
These appeals are preferred by the claimants. The
property was in Kottuvally village and acquisition was for the
purpose of widening of NH 47 from Cheriapplily – Varapuzha.
The relevant Section 4(1) notification was published on
23/8/2004. Some of the properties were included in category 3
by the land acquisition officer, who awarded land value at the
rate of Rs.87,576/- per Are. A portion was included in category
7 and for such properties, the Land Acquisition Officer awarded
land value at the rate of Rs.45,858/- per Are.
2. The Reference Court under the impugned judgment
refixed the value of the properties in category 3 at Rs.1,44,500/-
per Are. For properties in category 7, the reference court refixed
the value at the rate of Rs.68, 827/- per Are.
3. Our attention is invited by the learned counsel for the
appellants to the common judgment of this court in L.A.A.
LAA.Nos.721 & 749/2009 2
No.474/2010 series. We have gone through that judgment. It
is not disputed that the above judgment has attained finality.
It is seen that under that common judgment value of identical
land included in category 3 was refixed by this court at
Rs.1,62,000/- per Are. Thus awarding 87% increase over what
was awarded by the Land Acquisition Officer. We feel that
proportionate increase can be granted for properties included in
category 7 also. Giving such proportionate increase, we reifx the
value land included in category 7 at Rs.85,000/- per Are.
The appeals are allowed to the above extent. The
appellants/claimants will be entitled for all statutory benefits
admissible under Section 23 (2), 23(1A) and Section 28 of the
Land Acquisition Act on the total enhanced compensation to
which they become eligible by virtue of this judgment. The
parties are directed to suffer their respective costs.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
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