Partly allowed

State of Kerala v. Kumaran,S/O.Unni,Nedumbassery Village

Kerala HC24 Oct 2007LA.App./644/2001

Case brief

AI extract

What is this about?

The Court dismissed the enhancement of compensation appeals for land acquisition for the Kochi International Airport, limiting enhancement to 45% over the Land Acquisition Officer's award as per precedent. It directed that claimants are entitled to interest on solatium. Multiple connected land acquisition appeals were disposed of on the same day.

What did the court decide?

Enhancement of compensation limited to 45% over Land Acquisition Officer's award; entitlement to interest on solatium granted.

State of Kerala Vs Kumaran,S/O.Unni,Nedumbassery Village — Land Acquisition | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929

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LA.App.No. 644 of 2001(A)

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LAR.236/1997 of ADDL.SUB COURT, NORTH PARAVUR

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....................

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APPELLANT/ RESPONDENT:

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

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STATE OF KERALA.

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BY GOVERNMENT PLEADER SMT. K.R. DEEPA.

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RESPONDENTS/ CLAIMANTS:

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

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1. KUMARAN, S/O. UNNI, THOPPIL HOUSE, KEEZHAPARIYARAM, NEDUMBASSERY VILLAGE.

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2. KOCHI INTERNATIONAL AIRPORT AUTHORITY, REP. BY MANAGING DIRECTOR V.J. KURIAN.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2007, ALONG WITH L.A.A. 165/2002 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A. NO. 644 OF 2001

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L.A.A. NOs. 165, 662 & 1496 OF 2002

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L.A.A. NOs. 81, 85, 224, 825, 924, 1332, 1373 & 1411 OF 2003 &

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L.A.A. NOs. 13, 27, 110 & 671 OF 2004

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------------------------------------------------Dated this the 24^th day of October, 2007.

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J U D G M E N T

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Kurian Joseph, J.

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These appeals are filed aggrieved by the enhancement of compensation in the matter of acquisition for the Kochi International Airport. It has been held by this Court in L.A.A. No. 412/2001 that enhancement has to be limited to 45%

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over and above the value awarded by the Land Acquisition Officer. Therefore, all these appeals are partly allowed. The claimants shall be entitled to have the enhancement only to the tune of 45% over and above the value fixed by the Land Acquisition Officer. Learned counsel for some other respondents submit that in some of the cases they have not been granted

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L.A.A. NO. 644/2001&conn. cases 2

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interest on solatium. Being a settled position we make it clear

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that the claimants shall be entitled to interest on solatium.

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KURIAN JOSEPH JUDGE

HARUN-UL-RASHID

JUDGE

smp

L.A.A. NO. 644/2001&conn. cases 3

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A. NO. 644 OF 2001

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L.A.A. NOs. 165, 662 & 1496 OF 2002

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L.A.A. NOs. 81, 85, 224, 825, 924, 1332, 1373 & 1411 OF 2003

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L.A.A. NOs. 13, 27, 110 & 671 OF 2004

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J U D G M E N T

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24.10.2007

State of Kerala v. Kumaran,S/O.Unni,Nedumbassery Village

Case brief

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State of Kerala v. Kumaran,S/O.Unni,Nedumbassery Village

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