IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1539 of 2008(D)
1. T.G.RADHAKRISHNAN, THOOVANATTU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. MANAGING DIRECTOR, KSIDC,
For Petitioner :SRI.N.NAGARESH
For Respondent :SRI.JOBY CYRIAC, SC, KSIDC
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :28/08/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
------------------------------------------------
L. A. A. No.1539 of 2008
------------------------------------------------
Dated this the 28th day of August, 2009
JUDGMENT
Pius C. Kuriakose, J
Having considered the grounds raised in this
appeal and the submissions addressed before us by
Mr.N.Nagaresh, the learned counsel for the appellant
and by Mr.Joby Cyriac, the learned counsel for the
Requisitioning Authority and also by Smt.Latha T.
Thankappan, the learned senior Government Pleader
and taking into account decisions taken by this Court
and one decision taken by the Supreme Court in
various appeals pertaining to acquisition of land for
the same purpose, we feel that there is every
justification for re-fixing the value of the land under
L. A. A. No.1539 of 2008 -2-
acquisition at Rs.17,297/- per Are. We notice that in
all other cases where land value had been awarded at
Rs.7,876/- per Are, the same was re-fixed at
Rs.17,297/- per Are. Therefore, modifying the
judgment and decree of the Reference Court, we re-fix
the value of all dry lands under acquisition at
Rs.17,297/- per Are.
2. The same is the position as regards the wet
lands under acquisition. In all other cases for which
Land Acquisition Officer awarded land value at the rate
of Rs.988/- per Are, the Reference Court awarded land
value at the rate of Rs.2169/- per Are and this Court
approved such re-fixation. But in this particular case,
what has been awarded for wet lands is only
Rs.1235/- per Are. We do not find any reason for
adopting a different standard in this case. We, modify
L. A. A. No.1539 of 2008 -3-
the award of the Reference Court insofar as it pertains
to wet lands also and re-fix the value of wet lands at
Rs.2169/- per Are.
3. The appeal will stand allowed to the above
extent. It is needless to mention that the appellant will
be entitled for all statutory benefits on the total
enhanced compensation to which the appellant
becomes eligible by virtue of this judgment. Parties
are directed to suffer their costs.
4. The conditions imposed by this Court while
condoning the delay will be noticed by the Registry
while drafting the decree.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-