IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 513 of 2010()
1. JOSEPH, AGED 62 YEARS, S/O.RAPHEL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.S.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :23/06/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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L. A. A. No.513 of 2010
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Dated this the 23rd day of June, 2010
JUDGMENT
Pius C. Kuriakose, J
Even though Smt.N.Sudha, the learned
counsel for the appellant was very persuasive in
her submissions, we do not find way to grant
relief to the appellant. The claim in this appeal is
confined to the claim for additional compensation
for the building which existed on the properties
under acquisition. We find that the reference in
question was one under Section 28A(3). In such a
reference as rightly found by the learned
Subordinate Judge, the concern of the court is
regarding market value of the land only. We do
L. A. A. No.513 of 2010 -2-
not find any infirmity about the impugned
judgment. This appeal will stand dismissed in
limine.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-
L. A. A. No.513 of 2010 -3-
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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C. M. Application No.801 of 2010 in
L. A. A. No.513 of 2010
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Dated this the 2nd day of June, 2010
ORDER
Pius C. Kuriakose, J
Heard both sides. The delay is condoned on
condition that the appellant pays a sum of
Rs.1,500/- to the High Court Legal Services
Committee within two weeks from today and on
further condition that in the event of the appeal
being allowed and the appellant becoming eligible
for enhanced compensation, such enhanced
compensation will not carry interest otherwise
admissible under Section 28 of the Land
L. A. A. No.513 of 2010 -4-
Acquisition Act during the period of 88 days
condoned by this order.
Annex a copy of this order to the judgment to
be passed in this appeal. Registry will send up the
appeal for admission, once the receipt against
payment of cost to the High Court Legal Services
Committee is noticed.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-