IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 278 of 2009(D)
1. STATE OF KERALA, REP.BY THE
... Petitioner
Vs
1. VANAMBATH CHAKKARA BHARATHAN,
... Respondent
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent :SRI.C.P.PEETHAMBARAN
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.
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L.A.A.No. 278 OF 2009
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Dated this the 19th day of May, 2010
JUDGMENT
Pius C.Kuriakose, J.
Sri.C.P.Peethambaran takes notice on behalf of the
respondent/claimant. We have heard the learned senior
Government Pleader Smt.Latha T.Thankappan, Smt.R.Bindu and
Sri.Peethambaran.
2. The case pertains to acquisition of land for the
establishment of the Kannur Airport at Maattannur. The relevant
Section 4(1) notification was published on 15/5/1998. The Land
Acquisition Officer awarded land value at the rate of Rs.470/- per
cent. The Reference Court under the impugned judgment has
refixed the land value at Rs.3,000/- per cent. Our attention is
drawn by the learned Government Pleader to the judgment of
this court in L.A.A. No.1639/2008. We notice that in that
judgment this court has refixed the value of land, for which the
Land Acquisition Officer had awarded at the rate of Rs.486/- per
cent, to Rs.2,500/- per cent. Under the above circumstances,
L.A.A.No. 278/2009 2
we do not find any justification for granting enhancement more
than Rs.2,500/- per cent for the property under acquisition.
Hence, modifying the impugned judgment and allowing the
appeal, we refix the value of land under acquisition at Rs.2,500/-
per cent. It is needless to mention that 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 enhanced
compensation to which he becomes eligible by virtue of this
judgment.
The appeal is allowed to the above extent. The parties are
directed to suffer their costs.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk