IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 753 of 2005()
1. THE SENIOR REGIONAL MANAGER,
... Petitioner
Vs
1. YAMUNA DAS,
... Respondent
2. GANGA BALACHANDRAN OF -DO- -DO-.
3. SURESH KUMAR OF -DO- -DO-.
4. BINDU VINOD OF -DO- -DO-.
5. SUNIL KUMAR OF -DO- -DO-.
6. STATE OF KERALA,
For Petitioner :SRI.MATHEW GEORGE VADAKKEL
For Respondent :SRI.THOMAS ABRAHAM
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/07/2009
O R D E R
V. RAMKUMAR , J.
==========================
L.A.A. Nos. 753 & 1003 of 2005
==========================
Dated this the 7th day of July, 2009.
JUDGMENT
These appeals at the instance of the Requisitioning
Authority, namely, the Food Corporation of India, challenge
the common judgment dated 05.12.2003 passed by the Sub
Court, Mavelikkara in L.A.R. Nos. 101 and 99 of 1998. In
L.A.R. No. 101 of 1998, 0.50 Ares of dry land comprised in
Survey No. 18/29 of Thekkekara village along with other
parcels of land were compulsorily acquired by the State for
the construction of a godown for the appellant, Food
Corporation of India. In L.A.R. No. 99 of 1998, 1.00 Ares of
dry land comprised in Survey No. 13/19 of Thekkekkara
village was compulsorily acquired by the State for the same
purpose. Notification under Section 4(1) of the Land
Acquisition Act was published on 11.03.1995. The award
was passed on 30.09.1997. The land was taken possession
of on 24.11.1997. The Land Acquisition Officer had fixed
L.A.A Nos. 753 & 1003 of 2005 : 2 :
the land value at the rate of Rs.17,000/- per Are. On a
reference at the instance of the claimants, the Sub Court,
Mavelikkara, as per the impugned award dated 05.12.2003
enhanced the land value to Rs.50,000/- per Are. The rate of
enhancement works out to Rs.33,000/- per Are. For
granting the enhancement, the court below relied on Ext.A1
judgment in L.A.R. No. 35 of 1998 of that court whereunder
similar parcels of land were compulsorily acquired for the
same purpose as per notification published on 11.07.1995.
Since the appellant had challenged Ext.A1 judgment relied
on by the court below by filing L.A.A No. 414 of 2004 and
the said appeal was dismissed by this Court on 03.04.2009,
the basis adopted by the court below for granting the
enhancement stands confirmed by this Court. That apart,
aggrieved by the award passed in L.A.R. No. 99 of 1998, the
State had filed L.A.A. No. 477 of 2006 before this Court.
This Court, as per judgment dated 10.06.2009, had
dismissed the State’s appeal upholding the enhancement
L.A.A Nos. 753 & 1003 of 2005 : 3 :
given by the court below. Under these circumstances, I see
little scope for interference with the order passed by the
court below. These appeals are accordingly dismissed.
Dated this the 7th day of July, 2009.
V. RAMKUMAR, JUDGE.
rv