IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 487 of 2010()
1. C.VIKRAMAN NAIR, T.C.31/1021,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE MANAGING DIRECTOR
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :17/06/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No. 487 OF 2010
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Dated this the 17th day of June, 2010
JUDGMENT
Pius C.Kuriakose, J.
Under challenge in this appeal preferred by the claimant is
the award of the Reference Court. The case pertains to
acquisition of land in Pettah village for the purpose of
construction of the New International Passenger Terminal at
Chackai. The Land Acquisition Officer awarded land value at the
rate of Rs.74,105/- per Are. The Reference Court would refix the
land value at Rs.1,11,150/- per Are. We notice various
judgments of this Court pertaining to acquisition of land in the
same village for the same purpose pursuant to the same
notification. It is noticed enhancement by 90% over what was
awarded by the Land Acquisition Officer has been generally
approved in those cases. Keeping in mind that aspect, we allow
the appeal to the extent of refixing the value of the land under
acquisition at Rs.1,41,000/- per Are.
2. The appeal is allowed as above. The appellant will be
entitled for all statutory benefits admissible under Section 23
L.A.A..No.487/2010 2
(2), 23(1A) and Section 28 of the Act on the total enhanced
compensation to which he becomes eligible by virtue of this
judgment. The parties are directed to suffer their costs.
While drafting the decree, the Registry will have due
regard to the order passed by this court in C.M.Appln.767/2010.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk
L.A.A..No.487/2010 3
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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C.M.Appln.767/2010 in L.A.A.No.487 OF 2010
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Dated this the 28th day of May, 2010
O R D E R
Pius C.Kuriakose, J.
L.A.A..No.487/2010 4
This application seeking condonation of the delay of 937
days is very stiffly opposed by the learned senior Government
Pleader. However, on the consideration that causes should be
allowed to be adjudicated as far as possible on their merits
rather than decided on technicalities, we are inclined to condone
the delay imposing conditions.
2. This application will stand allowed subject to the
following conditions:
i).The appellant shall pay a sum of
Rs.3000/-(Rupees Three Thousand only) as
cost to the Government through the office of
the Advocate General within two weeks from
today and produce receipt before this court.
ii). The appellant shall pay a further
amount of Rs.2,000/-(Rupees Two Thousand
only) to the High Court Legal Services
Committee within the same time limit and
produce receipt before this court.
ii). In the event of the appeal being
allowed and the appellant becoming eligible
L.A.A..No.487/2010 5
for enhanced compensation, such enhanced
compensation will not carry interest otherwise
admissible under Section 28 of the Act during
the period of 937 days condoned by this
order.
Annex a copy of this order to the judgment to be passed in the
appeal.
Upon noticing receipt against the payment of the amounts
as directed above, the Registry will number the appeal and send
up the same for admission.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk
