IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 201 of 2008()
1. SREEKANTAN NAIR, S/O.CHELLAPPAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :25/01/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.Nos.308, 797/2007 &
201 OF 2008
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Dated this the 25 day of January, 2010
th
JUDGMENT
Pius C.Kuriakose, J.
All these appeals are filed by the claimants and they pertain
to acquisition for the purpose of Trivandrum International Airport.
Relevant Section 4 (1) notification was published on 4/2/1999.
The Land Acquisition Officer included the properties in category 8
and awarded land value at the rate of Rs.62,929/- per Are. The
Reference Court, on the basis of the evidence that came on
record, refixed the land value at Rs.75,000/- per Are. But, in
LAR No.201/2008 by a different judgment, land value was
refixed at Rs.90,000/- per Are.
2. Sri.Thaliyal R.Gopakumar, learned counsel for the
appellants, draws our attention to the judgments of this court in
L.A.A. Nos. 651/2009 and 757/2009. The learned counsel
submitted that the properties, which were involved in those
LAA.Nos.201/2008 & others 2
LAAs, were identical to the properties under acquisition in these
cases and for the properties in those appeals, the land value was
refixed by this court at Rs.1,00,000/- per Are.
3. The above submission of the learned counsel is not
seriously disputed by the learned Government Pleader. We are,
Therefore, of the view that the judgment in LAA Nos.651/2009
and 757/2009 are to be applied in these appeals and
enhancement granted accordingly .
The result is that, in modification of the judgment and
decree of the Reference Court, we refix the value of the land
under acquisition at Rs.1,00,000/- per Are. The appeals stand
allowed to the above extent. But it is made clear that the
claimants/appellants will be entitled for all statutory benefits on
the total enhanced compensation to which they become eligible
by virtue of our refixation done as above. It is also made clear
that the statutory interest admissible under Section 28 of the Act
(at the rate of 9% during the first year and thereafter at the rate
of 15%) will be admissible only from the date of taking over
possession and to that extent also the impugned judgment and
LAA.Nos.201/2008 & others 3
decree are clarified.
The parties are directed to suffer their respective costs.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
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