IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 337 of 2010(D)
1. UCHAMBALLY THATTARI SANTHA
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR (LA),
... Respondent
For Petitioner :SRI.ANIL GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :18/05/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No.337 OF 2010
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Dated this the 18th day of May, 2010
JUDGMENT
Pius C.Kuriakose, J.
As directed by us, Smt.Latha T.Thankappan, learned senior
Government Pleader has taken notice on behalf of the
respondent.
2. Having heard the submissions of Sri.Anil George, learned
counsel for the appellant and those of the learned senior
Government Pleader, We are convinced that the issue raised in
this appeal is covered by Annexure A1 judgment. The property
was in Kodiyeri village and the acquisition was pursuant to
Section 4(1) notification published on 4/6/1997 for the purpose
of Malabar Cancer Centre. The Land Acquisition Officer awarded
land value of at the rate of Rs.3,770/- per cent which was
refixed by the Reference Court under the impugned judgment at
Rs.5655/- per cent. Under Annexure I judgment, this court has
refixed the value of identical lands at Rs.10,000/- per cent.
Following Annexure I, we allow this appeal and refix the value of
land under acquisition at Rs.10,000/- per cent.
L.A.A.No.337/2010 2
3. It is ordered that the appellant will be entitled for all
statutory benefits admissible under Section 23(2), 23(1A) and
Section 28 of the Land Acquisition Act. It is however ordered
that the total enhanced compensation by virtue of this judgment
will not carry interest under Section 28 of the Act during the
period of 2660 days which is condoned by order in C.M.Appln.
No. 596/2010. The Registry will take note of this while drafting
the decree.
4. The Registry will issue certified copy of the decree to the
appellant only if the costs ordered by this court in C.M.Appln.
596/2010 are paid by the appellant on time.
The appeal is allowed to the above extent, but in the
circumstances without any order as to costs.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk