High Court Kerala High Court

The Chief Manager (Hr) vs Philipose Mathew on 18 August, 2009

Kerala High Court
The Chief Manager (Hr) vs Philipose Mathew on 18 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 167 of 2006()


1. THE CHIEF MANAGER (HR),
                      ...  Petitioner

                        Vs



1. PHILIPOSE MATHEW, PULIMOOTTIL,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.B.S.KRISHNAN (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :18/08/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
             L. A. A. No.167 of 2006
    ------------------------------------------------
      Dated this the 18th day of August, 2009

                    JUDGMENT

Pius C. Kuriakose, J

Even though Mrs.Latha Krishnan, the learned

counsel for the appellant addressed us very

strenuously, we do not find any warrant for

interference. The Reference Court re-fixed the land

value of wet lands for which the Land Acquisition

Officer has awarded value at the rate of Rs.3056/- per

Are, as Rs.4584/- per Are. For the reclaimed lands for

which the Land Acquisition Officer has awarded value

at the rate of Rs.6672/-, the Reference Court has re-

fixed the value at Rs.10,008. The re-determination of

the market value by the Reference Court will stand

L. A. A. No.167 of 2006 -2-

approved. The appeal will stand dismissed.

2. It is made clear that the amount which was

paid to the claimant towards reclamation charges by

the Land Acquisition Officer will be deducted from the

total compensation. It is needless to mention that the

respondent/claimant will be entitled for all statutory

benefits on the total enhanced compensation to which

he becomes eligible by virtue of our re-fixation under

this judgment.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-