IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 749 of 2010()
1. JAYAKUMAR, S/O. KRISHNAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE SECRETARY,
For Petitioner :SRI.UNNIKRISHNAN.V.ALAPATT
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :15/07/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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L. A. A. Nos.749 & 758 of 2010
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Dated this the 15th day of July, 2010
JUDGMENT
Pius C. Kuriakose, J
The claimants are the appellants in these
cases. Their land in Manakkad village of
Thodupuzha thaluk were acquired for the purpose
of construction of Thodupuzha bye pass – Kolani –
Vengalloor Road. The relevant Section 4(1)
notification was published on 12/06/02. The Land
Acquisition Officer awarded land value at the rate
of Rs.19,512/- per Are. The Reference Court
under the impugned judgment re-fixed the same
at Rs.57,733/- per Are.
2. We have heard submissions of
L. A. A. Nos.749 & 758 of 2010 -2-
Sri.Unnikrishnan V. Alapatt, the learned counsel
for the appellants and those of Smt.Latha T.
Thankappan, the senior Government Pleader. Our
attention is drawn by the learned counsel as well
as the learned senior Government Pleader to our
own judgment in LAA.1355/09 which was in
respect of acquisition of identical land for the
same purpose. We notice that under that
judgment we have re-fixed the value of land
under acquisition at Rs.50,000/- per cent. We
notice our own judgments in State of Kerala v. Jose
Simon [2009(1) KLT 760] and other cases
pertaining to acquisition of land in Thodupuzha
Municipality more or less at various points of time.
We do not find any reason as to why the appeal
should not be allowed re-fixing the market value
L. A. A. Nos.749 & 758 of 2010 -3-
of land at Rs.50,000/- per cent. Allowing both
these appeals we re-fix the value of land under
acquisition at Rs.50,000/- per cent corresponding
to Rs.1,23,550/- per Are. The appellants are
entitled for all statutory benefits admissible under
Sections 23(2), 23(1A) and under Section 28 of
the Land Acquisition Act. Parties are directed to
suffer their respective costs throughout.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-