IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1671 of 2007()
1. STATE OF KERALA,
... Petitioner
Vs
1. G.SARASWATHY AMMA, CHANDINI,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.R.MANOJ
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :16/10/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.1671 of 2007
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Dated this the 16th day of October, 2009
JUDGMENT
Pius C. Kuriakose, J
This appeal preferred by the Government
pertains to acquisition of land in Ulloor village
pursuant to a section 4(1) notification published on
24/02/1998 for the purpose of widening of road from
Kesavadasapuram to Mannanthala Reach-I. The Land
Acquisition Officer awarded land value at the rate of
Rs.1,28,562/- per Are. Under the impugned judgment,
the Reference Court relying on Ext.A1, re-fixed the
same at Rs.2,50,000/- per Are.
2. Heard Sri.Basant Balaji, the learned Senior
Government Pleader and Sri.R.Manoj, the learned
L. A. A. No.1671 of 2007 -2-
counsel for the claimant.
3. Sri.Basant Balaji submitted that Ext.A1 was a
case where the Land Acquisition Officer had awarded
Rs.1,40,600/- per Are and the Reference Court
granted Rs.2,50,000/- per Are. But, in this case, it was
a much lesser amount which was awarded by the Land
Acquisition Officer for the properties under acquisition.
The learned Government Pleader brought to our notice
our own judgment of this Court in L.A.A.233/08
wherein we allowed the Government’s appeal by
setting aside the judgment of the Reference Court
wherein land value awarded at the rate of
Rs.1,28,562/- per Are (as in the present case) was
enhanced to Rs.2,50,000/- per Are and re-fixed the
land value at Rs.2 lakhs per Are. Following the
decision taken in LAA.233/08, we modify the judgment
L. A. A. No.1671 of 2007 -3-
and decree of the Reference Court and re-fix the value
of the lands under acquisition at Rs.2 lakhs per Are.
4. The appeal will stand allowed to the above
extent. But, on the total enhanced compensation to
which the claimant becomes eligible by virtue of this
re-fixation, she will be entitled for all statutory
benefits admissible under Section 23(2), 23(1A) and
section 28 of the Land Acquisition Act. No costs.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-