IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1811 of 2008()
1. STATE OF KERALA.
... Petitioner
Vs
1. OUSPEH DEVASSY,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.B.JAYASANKAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :23/02/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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L. A. A. No.1811 of 2008
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Dated this the 23rd day of February, 2010
JUDGMENT
Pius C. Kuriakose, J
Even though several grounds have been
raised in this appeal and Smt.Latha T.
Thankappan, the learned senior Government
Pleader addressed arguments on the basis of all
those grounds, the only one ground which appeals
to us is the ground that proper multiplier was not
adopted by the court below for determining the
compensation by capitalisation of income. We find
force in the submission of the senior Government
Pleader that the correct multiplier to be adopted is
12.
L. A. A. No.1811 of 2008 -2-
2. As directed by us, the learned counsel for
the respondent has prepared a statement re-
calculating the compensation adopting the
multiplier of 12. We went through the above
statement and find that the same is correct. We
accept the above statement and modify the
impugned judgment, reduce the total
compensation receivable by the respondent to
Rs.1,35,680/-. The appeal is decreed accordingly.
The parties are directed to suffer their respective
costs.
3. It is needless to mention that the
respondent will be entitled for all statutory
benefits under sections 23(2), 23(1A) and under
section 28 of the Land Acquisition Act on the total
enhanced compensation to which he becomes
L. A. A. No.1811 of 2008 -3-
eligible by virtue of this judgment.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-