High Court Kerala High Court

The Managing Director vs Choyimadathil Imbichi Ali on 2 June, 2010

Kerala High Court
The Managing Director vs Choyimadathil Imbichi Ali on 2 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 376 of 2006(D)


1. THE MANAGING DIRECTOR, KSIDC,
                      ...  Petitioner

                        Vs



1. CHOYIMADATHIL IMBICHI ALI,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOZHIKODE.

                For Petitioner  :SRI.JOBY CYRIAC, SC, KSIDC

                For Respondent  :ADDL.ADVOCATE GENERAL

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

 Dated :02/06/2010

 O R D E R
        PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                  ----------------------------------

           L.A.A. Nos.376, 377,379 & 480 of 2006

                               And

                L.A.A.Nos.98 & 466 of 2007

                  ----------------------------------

              Dated this the 2nd day of June, 2010


                        J U D G M E N T

———————-

Pius C.Kuriakose,J.

Issue raised by the appellants in these appeals

namely the requisitioning authority KSIDC and the State is

actually covered in their favour by judgment of this court in

LAA.No.381/2006, common Judgment in LAA.No.659/2005

series etc. Acquisition was for the purpose of widening of

PWD road from Vattoli to Kinalur leading to KSIDC’s

Industrial Growth Centre. Land Acquisition Officer awarded

land value at Rs.3,013/- per cent. Under the impugned

judgment the reference court re-fixed the same at Rs.8,000/-

per cent. Under the common judgment in LAA.No.659/2005

series and the judgment in LAA.No.381/2006 this court

modified the award of the reference court and re-fixed land

value at Rs.7,500/- per cent. Necessarily the impugned

judgments are to be interfered with and land value re-fixed

L.A.A.376,377,379& 480 of 2006 &
98 & 466 of 2007 2

accordingly.

2. The result is that all these appeals will stand

allowed. Value of land under acquisition will stand re-fixed at

Rs.7,500/- per cent. However, claimants will be entitled for

all statutory benefits on the total enhanced compensation

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

Acquisition Act by virtue of this judgment. Parties are

directed to suffer their respective costs.

PIUS C.KURIAKOSE, JUDGE.

C.K.ABDUL REHIM, JUDGE.

okb