IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1474 of 2009()
1. KATTIL KARAYI NARAYANI, KODIYERI AMSOM
... Petitioner
2. VAZHAYIL KARAYI PRASANNAKUMARI,
Vs
1. THE SPECIAL TAHSILDAR FOR LAND
... Respondent
For Petitioner :SRI.ANIL GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :16/12/2009
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A. No. 1474 of 2009 C
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Dated this the 16th day of December, 2009
J U D G M E N T
Pius C. Kuriakose, J.
On this appeal coming up for admission, learned
Government Pleader has taken notice on behalf of the respondent and
we have heard Mr.Anil George, learned counsel for the appellants, as
also the learned senior Government Pleader Smt.Latha T.Thankappan.
2. The appeal pertains to acquisition of land in Kodiyeri village
for the purpose of Malabar Cancer Centre. Relevant Section 4(1)
notification was published on 04-06-1997. The Land Acquisition Officer
awarded land value at the rate of Rs.3,770/- per cent. The reference
court, on the basis of the evidence that came on record, re-fixed the
land value at Rs.5,655/- per cent.
3. Eventhough several grounds have been raised in the
memorandum of appeal, Sri.Anil George would highlight before us that
this Court, by judgments in LAA Nos.301/2005 and 1556/2007, re-fixed
the value of similar lands acquired for the same purpose at Rs.10,000/-
per cent and a copy of the judgment in LAA No.301/2005 is also placed
before us. Smt.Latha T.Thankappan, learned senior Government
LAA.1474/09
: 2 :
Pleader, also fairly conceded that the lands covered by the judgments in
LAA Nos.301/2005 and 1556/2007 were acquired for the same purpose
pursuant to the same notification and that it was the same rate which
was granted by the Land Acquisition Officer in those cases also. That
being the position, we are of the view that in order that parity is brought
forth between the ultimate value granted by the court to persons, whose
lands are treated as equal in value by the Land Acquisition Officer, it is
necessary to follow the judgments of this Court in LAA Nos.301/2005
and 1556/2007. Accordingly, allowing this appeal, we re-fix the value of
land under acquisition at Rs.10,000/- per cent. It is needless to
mention that the appellants will be entitled for all statutory benefits
admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition
Act.
The appeal is allowed as above but without any order as to cost.
(PIUS C. KURIAKOSE, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
aks