IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 801 of 2009()
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
Vs
1. AGHAN GEORGE, TC 12/404 ,
... Respondent
2. THE SECRETARY, TRIDA,,THIRUVANANTHAPURAM
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent :SRI.K.A.JALEEL, SC., TRIDA
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :12/07/2010
O R D E R
PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
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LAA. No. 801 & 1144 of 2009 & C.O. No. 91 of 2009
in LAA. No. 801 of 2009
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Dated this the 12th day of July, 2010
J U D G M E N T
Pius C.Kuriakose, J.
On behalf of Sri.Manoj R.Nair leave is sought for to
withdraw from cross objection No. 91 of 2010. Leave is
granted. The cross objection is dismissed as withdrawn.
Refund one-half of the court fee remitted on the
memorandum of cross objection to the counsel for the cross
objector.
2. The Government is in appeal. The properties were
in Vanchiyoor Village. The acquisition was for the purpose
of widening of road from LMS to Attakulangara pursuant to
Section 4(1) notification published on 7-8-2004. The L.A.
Officer awarded land value at the rate of Rs.4,52,883/- per
Are. The Reference Court under the impugned judgment re-
fixed the land value at Rs.27,16,998/- per Are. Our
attention is drawn by Smt. P.N.Sumangala, learned Govt.
-2-
Pleader to our own judgment in LAA,. No. 2008 of 2008. We
notice that under that judgment we have re-fixed the value
of identical lands at Rs.24 lakhs per Are. We are of the view
that for the various reasons stated in that judgment the
value of the lands under acquisition in these appeals is also
liable to be re-fixed. Hence we allow these appeals and re-
fix the value of the lands at Rs.24 lakhs per Are. Needless
to mention that the claimants respondents will be entitled
for all statutory benefits on the amounts to which they
become eligible by virtue of this judgment.
Appeals are allowed as above, but in the circumstances
without any order as to costs.
(PIUS C.KURIAKOSE, JUDGE)
(C.K.ABDUL REHIM, JUDGE)
ksv/-