IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 337 of 2009()
1. G.SAJITHA, D/O K.P.GOPINATHAN NAIR,
... Petitioner
2. T.K.RAMANI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :28/01/2010
O R D E R
PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A. No. 337 of 2009
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Dated this the 28th day of January, 2010
J U D G M E N T
Pius C. Kuriakose, J.
This appeal by the claimants pertains to
acquisition of land in Manakkadu village for the purpose
of construction of Thodupuzha by-pass pursuant to
Section 4(1) notification which was published on 12-06-
2002. As against the appellants’ claim of Rs.75,000/- per
cent, the Land Acquisition Officer awarded land value at
the rate of Rs.17,561/- per Are. The reference court, on
the basis of the evidence that came on record, re-fixed
the land value at Rs.32,530/- per cent.
2. Our attention is drawn by both sides to the
judgment of this Court in L.A.A.No.1355/2009, which was
a case pertaining to the same acquisition of property in
the same village. We notice that under that judgment this
Court has re-fixed the value of land under acquisition at
LAA.337/09
: 2 :
Rs.50,000/- per cent. Necessarily the above judgment
has to be followed and the market value of the land under
acquisition is to be re-fixed accordingly. Hence, allowing
the appeal we re-fix the value of land under acquisition at
Rs.50,000/- per cent. Needless to mention that the
appellants will be entitled for all statutory benefits on the
total enhanced compensation to which the appellants
become eligible by virtue of the re-fixation done in this
judgment.
The appeal is allowed as above but without any
order as to costs.
(PIUS C. KURIAKOSE, JUDGE)
(C.K.ABDUL REHIM, JUDGE)
aks