IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 581 of 2001(A)
1. STATE OF KERALA
... Petitioner
Vs
1. C.A.GEORGE
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.PHILIP MATHEW
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NOs.581 & 835 OF 2001
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Dated 28th September, 2007.
J U D G M E N T
Kurian Joseph, J.
The former appeal is filed by the State and the latter
by the claimants against the judgment and decree in L.A.R.25/94
on the file of the Sub Court, Sulthan Bathery. The acquisition is
for the purpose of Kuttiadi Augmentation Scheme. It is not in
dispute that the acquired property is similar and similarly situated
as that of the property covered by LAR 32/89. The State as well
as the claimants were before this Court against the judgment and
decree in L.A.R.32/89, leading to judgment dated 21.11.2002 in
LAA 736/94. This court dismissed the appeal filed by the State
and allowed the memorandum of Cross Objection preferred by
the claimants therein awarding enhanced compensation at the
rate of Rs.250/- per cent with all statutory benefits including
interest on solatium. For parity of reasons, we dismiss
L.A.A.581/01 filed by the State and allow L.A.A.835/01 filed by the
claimants, declaring that the claimants will be entitled to
enhanced compensation at the rate of Rs.250/- per cent and all
consequential statutory benefits, including interest on solatium.
LAA NOS.581 & 835/01 2
However, it is made clear that the enhanced compensation thus
granted shall not exceed Rs.6,00,000/- since for the purpose of
valuation in the appeal, the claim is limited to Rs.6,00,000/-.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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L.A.A. NOs.581 & 835 OF 2001
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J U D G M E N T
Dated 28th September, 2007.