High Court Kerala High Court

The Managing Director vs Puthukkudy Mariyam on 4 November, 2009

Kerala High Court
The Managing Director vs Puthukkudy Mariyam on 4 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 392 of 2006()


1. THE MANAGING DIRECTOR, KSIDC
                      ...  Petitioner

                        Vs



1. PUTHUKKUDY MARIYAM, W/O AMMAD,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOZHIKODE.

                For Petitioner  :SRI.JOBY CYRIAC, SC, KSIDC

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :04/11/2009

 O R D E R
                       M.N. KRISHNAN, J.
               = = = = = = = = = = = = = = =
                   L.A.A. NO. 392 OF 2006
               = = = = = = = = = = = = = = =
         Dated this the 4th day of November, 2009.

                         J U D G M E N T

This is an appeal preferred against the award of the

Land Acquisition Court, Koyilandy in LAR 178/03. LAR 178/03

relates to the acquisition of 0.0016 hectares of land comprised

in Sy.No.6/12 of Kinalur village. The Land Acquisition Court

after considering the materials has refixed the land value at

Rs.8,000/- per cent. It is against that decision the 2nd

respondent namely, K.S.I.D.C. has come up in appeal.

Though the claimant is served he has not entered appearance

before Court.

2. Heard the learned counsel for the appellant. The

learned counsel had brought to my notice a decision of the

Division Bench in LAA 388/06 which was preferred against the

judgment in LAR 218/03 of the Sub Court, Koyilandy. A

perusal of the award also would reveal that all these cases had

been disposed of by a common judgment by the Court. In the

L.A.A. 392 OF 2006
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appeal referred to above the Division Bench held that in LAA

1452 of 2005 wherein there was a cross-objection as well, the

Court considered the matter elaborately and has refixed the

market value of the property at Rs.7,500/- per cent. Following

the same, the Division Bench modified the judgment and

refixed the land value at Rs.7,500/- per cent. Therefore the

appeal is allowed in part and the land value is fixed at

Rs.7,500/- per cent and the other benefits conferred on the

claimant by the Land Acquisition Court is retained. The appeal

is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-