High Court Kerala High Court

State Of Kerala vs Aghan George on 12 July, 2010

Kerala High Court
State Of Kerala vs Aghan George on 12 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 801 of 2009()


1. STATE OF KERALA, REPRESENTED BY THE
                      ...  Petitioner

                        Vs



1. AGHAN GEORGE, TC 12/404 ,
                       ...       Respondent

2. THE SECRETARY, TRIDA,,THIRUVANANTHAPURAM

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.K.A.JALEEL, SC., TRIDA

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/07/2010

 O R D E R
     PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
         -----------------------------------------------
    LAA. No. 801 & 1144 of 2009 & C.O. No. 91 of 2009
                   in LAA. No. 801 of 2009
         -----------------------------------------------
           Dated this the 12th day of July, 2010

                       J U D G M E N T

Pius C.Kuriakose, J.

On behalf of Sri.Manoj R.Nair leave is sought for to

withdraw from cross objection No. 91 of 2010. Leave is

granted. The cross objection is dismissed as withdrawn.

Refund one-half of the court fee remitted on the

memorandum of cross objection to the counsel for the cross

objector.

2. The Government is in appeal. The properties were

in Vanchiyoor Village. The acquisition was for the purpose

of widening of road from LMS to Attakulangara pursuant to

Section 4(1) notification published on 7-8-2004. The L.A.

Officer awarded land value at the rate of Rs.4,52,883/- per

Are. The Reference Court under the impugned judgment re-

fixed the land value at Rs.27,16,998/- per Are. Our

attention is drawn by Smt. P.N.Sumangala, learned Govt.

-2-

Pleader to our own judgment in LAA,. No. 2008 of 2008. We

notice that under that judgment we have re-fixed the value

of identical lands at Rs.24 lakhs per Are. We are of the view

that for the various reasons stated in that judgment the

value of the lands under acquisition in these appeals is also

liable to be re-fixed. Hence we allow these appeals and re-

fix the value of the lands at Rs.24 lakhs per Are. Needless

to mention that the claimants respondents will be entitled

for all statutory benefits on the amounts to which they

become eligible by virtue of this judgment.

Appeals are allowed as above, but in the circumstances

without any order as to costs.

(PIUS C.KURIAKOSE, JUDGE)

(C.K.ABDUL REHIM, JUDGE)

ksv/-