IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1307 of 2010()
1. ANTONY.P.JOSEPH, AGED 74 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THENATINAL WATERWAYS AUTHORITY OF INDIA,
3. FRANCIS, S/O. LOUIS,
For Petitioner :SRI.JAWAHAR JOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :19/01/2011
O R D E R
PIUS C. KURIAKOSE &
N. K. BALAKRISHNAN, JJ.
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L. A. A. No.1307 of 2010
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Dated this the 19th day of January, 2011
JUDGMENT
Pius C. Kuriakose, J
The claimant is in appeal. His grievance is that the
Reference Court did not award any enhanced compensation for
his properties in Mullackal village which were acquired for the
purposes of the second respondent namely The National
Waterways Authority of India.
2. We have heard submissions of Sri.Jawahar Jose, the
learned counsel for the appellant and those of Sri.V.Santharam,
the learned Standing Counsel for the Requisitioning Authority. We
heard the learned Government Pleader also and he supported the
learned Standing Counsel. Our attention is drawn to by
Sri.Jawahar Jose to the judgments of this Court in LAA.280/09
and LAA.374/04. It is seen that under those judgments for
properties in Mullackal village which was almost identical to the
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properties involved in this case, this Court has granted approval
to the re-fixation of values of the lands, for which the Land
Acquisition Officer awarded Rs.58,570/- per Are, to Rs.1 lakh per
Are. Thus, it is clear to our mind that the appellant is also eligible
to be awarded re-fixed value of Rs.1 lakh per Are. The appeal is
allowed re-fixing the value of lands under acquisition to Rs.1 lakh
per Are. However, the appellant will be entitled for all statutory
benefits admissible under Sections 23(2), 23(1A) and under
Section 28 of the Land Acquisition Act. However, while calculating
interest under Section 28, the Section will have due regard to the
conditions imposed by this Court in the order in C.M. Application
No.2141/10 under which the delay caused in the matter of filing
the appeal was condoned.
PIUS C. KURIAKOSE
JUDGE
N. K. BALAKRISHNAN
JUDGE
kns/-
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