IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1516 of 2007(D)
1. SOMASEKHARA MENON, AGED 48 YEARS,
... Petitioner
Vs
1. KERALA STATE. REPRESENTED BY THE
... Respondent
2. COCHIN REFINERIES LTD.,
For Petitioner :SRI.K.V.JAYACHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :18/06/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
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L. A. A. No.299 of 2002 &
L. A. A. No.1516 of 2007
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Dated this the 18th day of June, 2009
JUDGMENT
Pius C. Kuriakose, J
It appears to us that the appellants/claimants in
these appeals have a genuine grievance. Their
property was acquired by the Cochin Refineries Ltd. for
the purpose of safety zone. They relied on Ext.A1
common judgment for getting enhancement under
which the compensation for one land had been
enhanced to Rs.1480/- per Are to Rs.2520/- per Are.
The Reference Court did not rely on Ext.A1 on the
basis of a stay order passed by this Court in
LAA.36/2000. It is seen that the said stay order was
vacated and Ext.A1 was confirmed by this Court. In
L. A. A. No.299 of 2002 &
L. A. A. No.1516 of 2007 -2-
many cases, we have approved re-fixation of land
value of similar properties at Rs.2520/-. In the above
circumstances, we are of the view that the appellants
also should be given opportunity to produce relevant
judgment of this Court which will show that
enhancement at the rate of Rs.2520/- per Are has
been approved by this Court. Accordingly, we set aside
the orders under appeal and remand L.A.R.40/95 and
L.A.R.39/95 to the III Additional Sub Court,
Ernakulam. That court will give opportunity to the
appellants/claimants to produce all documents and
take a fresh decision. If the Cochin Refineries wants to
adduce counter evidence, opportunity will be given to
them also to adduce counter evidence. These appeals
are allowed by way of remand. Refund the full court
L. A. A. No.299 of 2002 &
L. A. A. No.1516 of 2007 -3-
fee paid to the counsel for the appellants.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-