IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 685 of 2008()
1. KURUVANTH GOPIKRISHNAN, AGED 67 YEARS,
... Petitioner
Vs
1. SPECIAL TAHSILDAR, LA, RAILWAY, KANNUR.
... Respondent
2. DEPUTY CHIEF ENGINEER, CONSTRUCTION,
For Petitioner :SRI.P.M.PAREETH
For Respondent :SRI.R.SATISH KUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :27/08/2009
O R D E R
PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ
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L.A.A.NO. 685 OF 2008
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Dated this the 27th day of August, 2009.
J U D G M E N T
Pius C.Kuriakose,J
This is an appeal filed by the claimant. The acquisition of land within
the area of Kannur Municipal Town was for the purpose of doubling of
Railway track. The Land Acquisition officer awarded land value at the rate
of Rs.16,000/- per cent, which was enhanced by the reference Court at the
rate of Rs.28,000/-. Appellant produced several documents. Ext.A1 to
A37 were copies of sale documents. Ext.A38 was copy of judgment in
L.A.R.452/2001, which pertains to acquisition of his own property. The
Court below relied on Ext. A38. Under Ext.A38 the Court below re-fixed the
land value at the rate of Rs.28,000/- per cent. The main ground raised in
the appeal is that the court below should have re-fixed the land value at the
rate of Rs.53,641/- per cent.
2. We have heard the submissions of Mr.Mohammed Shameel,
counsel for the appellant and the learned Government Pleader
Mr.V.T.K.Mohanan. Even though Mr.Mohammed Shameel raised various
grounds and produced Ext.A1 to A42, he would ultimately confine his
arguments for re-fixation of the value of the land under acquisition to
2
Rs.35,000/- per cent. In this context he relied on the judgment in L.A.A.No.
12/2005. The above L.A.A is in fact directed against Ext.A38 judgment
relied on.
3. We have gone through the Judgment in LAA 12/2005. We are of
the view that the appellant is entitled to re-fixation of the value of land
under acquisition in terms of the above judgment. Therefore, setting aside
the judgment and decree of the court below we re-fix the value of land
under Acquisition at the rate of Rs.35,000/- per Are. Appeal is allowed. It
is also made clear that the appellant is entitled to all statutory benefits on
the total enhanced compensation to which he is eligible by virtue of the
re-fixation done under this judgment.
PIUS C. KURIAKOSE ,JUDGE.
K. SURENDRAMOHAN, JUDGE.
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