High Court Kerala High Court

Minimol vs State Of Kerala on 11 January, 2011

Kerala High Court
Minimol vs State Of Kerala on 11 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 721 of 2009()


1. MINIMOL, W/O. LATE SHAJU,
                      ...  Petitioner
2. SNEHA, D/O.LATE SHAJU,
3. ELIZABETH.M/O.LATE SRI.SHAJU,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.K.RADHAKRISHNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :11/01/2011

 O R D E R
       PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
                      ------------------------
                L.A.A.Nos. 721 & 749 OF 2009
                      ------------------------

           Dated this the 11th day of January, 2011

                           JUDGMENT

Pius C.Kuriakose, J.

These appeals are preferred by the claimants. The

property was in Kottuvally village and acquisition was for the

purpose of widening of NH 47 from Cheriapplily – Varapuzha.

The relevant Section 4(1) notification was published on

23/8/2004. Some of the properties were included in category 3

by the land acquisition officer, who awarded land value at the

rate of Rs.87,576/- per Are. A portion was included in category

7 and for such properties, the Land Acquisition Officer awarded

land value at the rate of Rs.45,858/- per Are.

2. The Reference Court under the impugned judgment

refixed the value of the properties in category 3 at Rs.1,44,500/-

per Are. For properties in category 7, the reference court refixed

the value at the rate of Rs.68, 827/- per Are.

3. Our attention is invited by the learned counsel for the

appellants to the common judgment of this court in L.A.A.

LAA.Nos.721 & 749/2009 2

No.474/2010 series. We have gone through that judgment. It

is not disputed that the above judgment has attained finality.

It is seen that under that common judgment value of identical

land included in category 3 was refixed by this court at

Rs.1,62,000/- per Are. Thus awarding 87% increase over what

was awarded by the Land Acquisition Officer. We feel that

proportionate increase can be granted for properties included in

category 7 also. Giving such proportionate increase, we reifx the

value land included in category 7 at Rs.85,000/- per Are.

The appeals are allowed to the above extent. The

appellants/claimants will be entitled for all statutory benefits

admissible under Section 23 (2), 23(1A) and Section 28 of the

Land Acquisition Act on the total enhanced compensation to

which they become eligible by virtue of this judgment. The

parties are directed to suffer their respective costs.

PIUS C.KURIAKOSE,JUDGE

N.K.BALAKRISHNAN, JUDGE
dpk