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State Of Kerala vs Rev. Mother Provincial Freida on 24 May, 2010

Kerala High Court
State Of Kerala vs Rev. Mother Provincial Freida on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 467 of 2008()


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

                        Vs



1. REV. MOTHER PROVINCIAL FREIDA,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.R.MANOJ

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

 Dated :24/05/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
              L.A.A.No. 467/2008 & 205 of 2009
                      ------------------------

              Dated this the 24th day of May, 2010

                            JUDGMENT

Pius C.Kuriakose, J.

Both these appeals are directed against the award of

the Land Acquisition Reference Court, Thiruvananthapuram. The

acquisition was for the purpose of widening of Bakery – Palayam

Airport Road. The Land Acquisition Officer have included the

property in L.A.A. No.205/2009 in category B and the property in

L.A.A. No.467/2008 in category A. The Reference Court, under

the impugned judgment relying on the common judgment in

L.A.R. No.317/2005 and other cases, refixed the value of both

the properties uniformly at Rs.2,71,107/- per Are.

2. Having regard to the submissions addressed at the Bar

by the learned senior Government Pleader Smt.Latha

T.Thankapan and by Smt.P.V.Asha, learned counsel for the

respondent in L.A.A. No.205/2009 and by Sri.R.Manoj, learned

counsel for the respondent in L.A.A.No.467/2008 and taking into

account the judgment of this court in L.A.A.No.867/2008, which

is in respect of acquisition of property identical to the property in

L.A.A..No.467/08 & 205/09 2

L.A.A. No.205/2009 and also the judgment of the Supreme Court

in the civil appeal C.C.NO.20722/1999 against L.A.A.

No.867/2008, we are of the view that both the appeals are liable

to be allowed to a certain extent. Accordingly, we allow L.A.A.

No.205/2009 by refixing the value of land under acquisition at

Rs.15,00,000/- (Rupees Fifteen Lakhs only). Similarly, we allow

L.A.A.No.467/2008 by refixing the value of land under

acquisition at Rs.16,16,000/-.

3. The claimants in both these appeals are entitled for all

statutory benefit to which they become eligible by virtue of this

judgment. But it is clarified that they will be entitled for interest

under Section 28 only from the date of dispossession and not

from the date of award.

The appeals are allowed to the above extent, but without

any order as to costs.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
dpk

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