High Court Kerala High Court

Joseph Joseph vs State Of Kerala on 17 June, 2009

Kerala High Court
Joseph Joseph vs State Of Kerala on 17 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 629 of 2009()


1. JOSEPH JOSEPH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE MANAGING DIRECTOR

                For Petitioner  :SRI.A.K.JOHN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :17/06/2009

 O R D E R
           PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
                      ------------------------
                     L.A.A.No.629 OF 2009
                      ------------------------

              Dated this the 17th day of June, 2009

                            JUDGMENT

Pius C.Kuriakose, J.

The claimant is in appeal against the judgment and decree

of the land acquisition reference court. The properties were

acquired for the purpose of establishment of Industrial Growth

Centre at Pallipuram in Cherthala Taluk. The land acquisition

officer included the acquired properties in category 3 and

awarded land value at the rate of Rs.7876/- per Are. The

properties in category 3 are dry lands. But, in the instant case,

the land acquisition officer deducted reclamation charges on the

reason that these dry lands were low lying dry lands. A total

amount of Rs.5,23,600/- was accordingly deducted from the total

compensation determined.

2. As directed by us, Sri.Joby Cyriac, learned standing

counsel for the KSIDC has taken notice on behalf of the second

respondent and we have heard the submissions of Sri. A.K.John

learned counsel for the appellant and those of Sri.Joby Cyriac. It

is fairly conceded before us by Sri.Joby Cyriac that this court and

even the Supreme Court has approved enhancement of the

L.A.A.No.629/2009 2

value of properties in category 3 from Rs.7876/- to 17290/- in

identical cases for identical properties. In vies of the finality

attained by the judgment of the reference court refixing the

value of the properties in category 3 at Rs.17290/-, there is no

justification for denying the benefit of such refixation in this

case. Accordingly, we allow the appeal and refix the value of the

acquired lands in this case at Rs.17290/- per Are. It is needless

to mention that a total amount of Rs.5,23,600/- will be deducted

towards reclamation charges in view of the low lying nature of

the land. It is also needless to mention that the appellant will be

entitled for all statutory benefits admissible under Sections 23

(2), 23(1A) and Section 28 of the Land acquisition Act for the

total enhanced compensation to which he becomes eligible on

account of refixation done by us under this judgment.

The appeal is allowed as above, but in the circumstances

without any order as to costs.

PIUS.C.KURIAKOSE,JUDGE

P.Q.BARKATH ALI, JUDGE
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