High Court Kerala High Court

State Of Kerala vs Santhakumari on 19 May, 2010

Kerala High Court
State Of Kerala vs Santhakumari on 19 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 2492 of 2008()


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

                        Vs



1. SANTHAKUMARI,
                       ...       Respondent

2. VINODINI,

3. ANILKUMAR,

4. MINI,

5. HEMALATHA,

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

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

 Dated :19/05/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
        L.A.A.Nos. 2076, 2180,2227,2492 of 2008 &
              842 OF 2009 and C.O.Nos.15/2009
         in L.A.A. NO.2076/2008 & C.O.16/2009 IN
                     L.A.A.NO.2180/2008
                      ------------------------

               Dated this the 19th day of May, 2010

                           JUDGMENT

Pius C.Kuriakose, J.

All these appeals by the Government pertain to acquisition

of land for the purpose of Calicut Bye-pass pursuant to Section 4

(1) notification published on 8/8/1993. The Land Acquisition

Officer awarded land value at the rate of Rs.13200/- per cent.

The Reference Court, relying on the evidence which came on

record, has refixed the land value at the rate of Rs.55,000/- per

cent. In fact the impugned common judgment is passed by the

Reference Court pursuant to orders of remand passed by this

court in the appeal preferred earlier.

2. Our attention is drawn by the learned senior Government

Pleader Smt.Latha T.Thankappan to the judgment of this court in

L.A.A. No.277/2009 dated 18/6/2009, to which one of us(PCK(J))

is party. We have gone through the judges paper in L.A.A. No.

277/2009. We are convinced that the submission of the learned

senior Government Pleader that the decision in L.A.A.

No.277/2009 covers the issues involved in these appeals in

LAA.No.2492/2008 & others 2

favour of the Government to a certain extent is correct. In that

case also the rates were the same and the acquisition was also

the same. Under that judgment, the market value of the lands

were reduced and refixed at Rs.48,000/- per cent. For the

reasons stated in that judgment, the impugned common

judgment is also liable to be interfered with. It is so done. In

modification of the impugned judgment, we refix the market

value of land under acquisition at Rs.48,000/- per cent.

4. The appeals are allowed to the above extent. The Cross

Objections are dismissed. The parties are directed to suffer their

respective costs.

C.O.Nos.15/2009 in L.A.A No.2076/2008 & 16/2009 in

L.A.A.No.2180/2008 are dismissed. It is needless to mention

that the claimants will be entitled for all statutory benefits

admissible under Section 23(2), 23(1A) and Section 28 of the Act

on the total enhanced compensation to which they become

eligible by virtue of this judgment.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
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