State Of Kerala vs George Joseph on 25 January, 2011

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Kerala High Court
State Of Kerala vs George Joseph on 25 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1144 of 2010()


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

                        Vs



1. GEORGE JOSEPH, MAVELI HOUSE,
                       ...       Respondent

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :25/01/2011

 O R D E R
        PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
                        ------------------------
                     L.A.A.No. 1144 OF 2010
                        ------------------------

            Dated this the 25th day of January, 2011

                              JUDGMENT

Pius C.Kuriakose, J.

We find force in the submissions of the learned senior

Government Pleader Smt.T.T.Josephina that the issue raised in

this appeal by the Government is covered in favour of the

Government by the judgment of this court in L.A.A. No.7/2010.

Relying on that judgment, we allow this appeal and refix the

value of land under acquisition at Rs.1,62,000/- per Are in

modification of the rate fixed under the impugned judgment.

The appeal is allowed to the above extent. The claimant

will be entitled for all statutory benefits admissible under Section

23(2), 23(1A) and Section 28 of the Act on the total refixed

compensation to which he becomes eligible by virtue of this

judgment. Parties will suffer their respective costs.

PIUS C.KURIAKOSE,JUDGE

N.K.BALAKRISHNAN, JUDGE
dpk

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