IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 19 of 2010(D)
1. TOMY MATHEW,
... Petitioner
Vs
1. THRESSIA CHANDY,
... Respondent
2. THE SPL. TAHSILDAR (LA),
3. THE SECRETARY,
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :11/02/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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L. A. A. No.19 of 2010
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Dated this the 11th day of February, 2010
JUDGMENT
Pius C. Kuriakose, J
When this appeal came up for admission, as
directed by us, Smt.Latha T. Thankappan has
taken notice and we have heard the submissions
of Sri.Liju M.P. and Smt.Latha T. Thankappan.
2. This appeal by the claimant pertains to
acquisition of land in Poonithura village for the
purposes of widening of Sahodaran Ayyappan
Road pursuant to Section 4(1) notification
published on 13/12/04. The Land Acquisition
Officer awarded land value at the rate of
Rs.6,17,250/- per Are. The Reference Court under
the impugned judgment would re-fix land value at
L. A. A. No.19 of 2010 -2-
the rate of Rs.7,71,563/- per Are. The Reference
Court did not rely on any of the documents
produced by the claimant. What was ultimately
done was to grant 25% increase on guess work.
3. Our attention is drawn by Sri.Liju to the
judgment of this Court in L.A.A.197/08. It is seen
from that judgment that this Court has approved
re-fixation of land value at Rs.9,87,600/- per Are
for properties acquired for the same purpose
pursuant to the same notification for which also
the Land Acquisition Officer had awarded the
same rate. The learned Senior Government
Pleader does not dispute that the above rate has
become final at the hands of this Court. Under the
above circumstances, we are of the view that
there is every justification for allowing this appeal
and re-fixing the land value at the rate of
L. A. A. No.19 of 2010 -3-
Rs.9,87,600/- per Are. Following the decision
taken in L.A.A.197/08, we allow the appeal and
re-fix the land value at Rs.9,87,600/- per Are. The
appeal is allowed to the above extent.
4. It is needless to mention that the
appellant will be entitled for all statutory benefits
admissible under sections 23(2), 23(1A) and
section 28 of the Land Acquisition Act on the total
enhanced compensation to which the appellant
becomes eligible by virtue of this judgment.
Parties are directed to suffer their respective
costs.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-