High Court Kerala High Court

Tomy Mathew vs Thressia Chandy on 11 February, 2010

Kerala High Court
Tomy Mathew vs Thressia Chandy on 11 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 19 of 2010(D)


1. TOMY MATHEW,
                      ...  Petitioner

                        Vs



1. THRESSIA CHANDY,
                       ...       Respondent

2. THE SPL. TAHSILDAR (LA),

3. THE SECRETARY,

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  : No Appearance

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

 Dated :11/02/2010

 O R D E R
               PIUS C. KURIAKOSE &
              C. K. ABDUL REHIM, JJ.
    ------------------------------------------------
              L. A. A. No.19 of 2010
    ------------------------------------------------
    Dated this the 11th day of February, 2010

                    JUDGMENT

Pius C. Kuriakose, J

When this appeal came up for admission, as

directed by us, Smt.Latha T. Thankappan has

taken notice and we have heard the submissions

of Sri.Liju M.P. and Smt.Latha T. Thankappan.

2. This appeal by the claimant pertains to

acquisition of land in Poonithura village for the

purposes of widening of Sahodaran Ayyappan

Road pursuant to Section 4(1) notification

published on 13/12/04. The Land Acquisition

Officer awarded land value at the rate of

Rs.6,17,250/- per Are. The Reference Court under

the impugned judgment would re-fix land value at

L. A. A. No.19 of 2010 -2-

the rate of Rs.7,71,563/- per Are. The Reference

Court did not rely on any of the documents

produced by the claimant. What was ultimately

done was to grant 25% increase on guess work.

3. Our attention is drawn by Sri.Liju to the

judgment of this Court in L.A.A.197/08. It is seen

from that judgment that this Court has approved

re-fixation of land value at Rs.9,87,600/- per Are

for properties acquired for the same purpose

pursuant to the same notification for which also

the Land Acquisition Officer had awarded the

same rate. The learned Senior Government

Pleader does not dispute that the above rate has

become final at the hands of this Court. Under the

above circumstances, we are of the view that

there is every justification for allowing this appeal

and re-fixing the land value at the rate of

L. A. A. No.19 of 2010 -3-

Rs.9,87,600/- per Are. Following the decision

taken in L.A.A.197/08, we allow the appeal and

re-fix the land value at Rs.9,87,600/- per Are. The

appeal is allowed to the above extent.

4. It is needless to mention that the

appellant will be entitled for all statutory benefits

admissible under sections 23(2), 23(1A) and

section 28 of the Land Acquisition Act on the total

enhanced compensation to which the appellant

becomes eligible by virtue of this judgment.

Parties are directed to suffer their respective

costs.

PIUS C. KURIAKOSE
JUDGE

C. K. ABDUL REHIM
JUDGE
kns/-