IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1532 of 2008()
1. THE GENERAL MANAGER,
... Petitioner
Vs
1. MANDONANDI BALAN, S/O. LATE THAIKANDI
... Respondent
2. GOVERNMENT OF KERALA, REP.BY
For Petitioner :SRI.D.KRISHNANKUTTY PILLAI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :31/10/2008
O R D E R
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - -
L.A.A.No.1532 of 2008
- - - - - - - - - - - - - - - - - - - - - - - - -
Dated: 31st October, 2008
JUDGMENT
Adv.Mr.C.P.Peethambaran enters appearance on behalf of the
1st respondent. Government Pleader enters appearance on behalf of
the 2nd respondent. Heard both sides. This appeal belongs to
acquisition of land in Kuthuparamba Village for the purpose of the
appellant-KSIDC. Relying on Ext.B1 basis document, the Land
Acquisition Officer fixed land value at the rate of Rs.3899/- per cent.
The court below on an evaluation of the entire evidence on record
would refix the land value at Rs.10,000/- per cent. I had occasion to
consider similar cases involving enhancement by the reference court
at the same rate. Under my common judgment in LAA Nos.1452/08,
1453/08 & 1455/08, I have refixed the land value at Rs.9000/- per
cent. Adopting the reasons stated in that common judgment, the land
value of the acquired properties in this case also will stand refixed at
Rs.9000/- per cent. The appeal will stand allowed to that extent. It is
made clear that the 1st respondent-claimant will be entitled for all
statutory benefits due under Sections 23(2), 23(1A) and 28 of the
Land Acquisition Act. The parties will suffer their costs through out.
srd PIUS C.KURIAKOSE, JUDGE
W.P.C.No. - 2 -