IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 273 of 2009()
1. N.P.ASMA, W/O.MAYAN, SHAMEER MANZIL,
... Petitioner
2. NELLIYATTU PUTHIYAPURAYIL SHEMENA,
3. NELLIYATTU PUTHIYAPURAYIL SHAHILA
4. NELLIYATTU PUTHIYAPURAYIL SHAHILA
Vs
1. SPECIAL TAHSILDAR (LA) FOR AIRPORT
... Respondent
For Petitioner :SRI.CIBI THOMAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :03/01/2011
O R D E R
PIUS C. KURIAKOSE &
N.K.BALAKRISHNAN, JJ.
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L.A.A. No.273 of 2009
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Dated this the 3rd day of January 2011
J U D G M E N T
Pius C. Kuriakose, J.
The claimants are in appeal. The property under
acquisition was in Keezhallur amsom and the purpose of
acquisition was the construction of Kannur Air Port Project. The
Land Acquisition Officer awarded land value at the rate of
Rs.682/- per cent. The Reference Court on evaluating the
evidence which consisted of oral evidence of AW1 and based on
the documentary evidence Ext.B1 would refix the land value at
the rate of Rs.1,500/- per cent for a total extent of 1 acre and 94
cents. In this appeal the claim is that the land value be refixed
at the rate of Rs.2,500/- per cent.
2. We have heard the learned counsel for the appellant
and Smt.Latha T. Thankappan, the Senior Government Pleader
for the Government. Smt.Latha would fairly bring to our notice
the judgments in L.A.A.Nos.1634/2008 and 1696/2008 to which
L.A.A. No.273 of 2009
-: 2 :-
one among us [PCK(J)] was a party. It is seen in the judgments
that, for identical lands this Court refixed the land value at the
rate of Rs.3,000/- per cent. Even though there is justification to
grant value of land under acquisition at Rs.3,000/- per cent, as
the claim is limited to Rs.2,500/- per cent, the appeal will stand
allowed to the extent of refixing land value at Rs.2,500/- per
cent. It is accordingly refixed.
The appeal is allowed to the above extent. Parties are
directed to suffer their respective costs. It is needless to
mention that the appellants will be eligible for all statutory
benefits admissible to them under Sections 23(2), 23(IA) and
Section 28 of the L.A.Act also on the enhanced compensation.
PIUS C. KURIAKOSE,
JUDGE.
N.K.BALAKRISHNAN,
JUDGE.
Jvt