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.
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L.A.A.No. 467/2008 & 205 of 2009
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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
