Partly allowed

Kochi International Airport Society v. Mariamma

Kerala HC18 Feb 2008LA.App./100/2003

Case brief

AI extract

What is this about?

Kerala High Court allowed a land acquisition appeal by the requisitioning authority, setting aside previous land value fixation and ordering a 45% enhancement over the Land Acquisition Officer's valuation, while dismissing a compensatory measure claim.

What did the court decide?

Land value fixed at 45% over Land Acquisition Officer's value; appeal by requisitioning authority partly allowed; CMP No.376/03 dismissed.

Kochi International Airport Society Vs Mariamma — Land Acquisition | Kerala HC (2008)

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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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MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929

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LA.App..No. 100 of 2003()

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------------------------LAR.21/1998 of ADDL.SUB COURT, N.PARAVUR ....................

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APPELLANT: ADDL.2ND RESPONDENT

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

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KOCHI INTERNATIONAL AIRPORT SOCIETY, REP. BY ITS MANAGING DIRECTOR, ANGAMALY.

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BY ADV. SRI.N.N.SUGUNAPALAN

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RESPONDENTS: CLAIMANT & 1ST RESPONDENT

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

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1. MARIAMMA, W/O.PATHROSE, AREECKAL, MEKKAVU.

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2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.JACOB VARGHESE GOVERNMENT PLEADER SMT.K.R.DEEPA

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2008, 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.100 OF 2003

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Dated 18^th February, 2008.

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J U D G M E N T

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Kurian Joseph, J.

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This is an appeal filed by the requisitioning authority, viz., Kochi International Airport Society, aggrieved by the fixation of land value. It is seen that the land value in the relied on judgment in LAR 20/98 has been refixed by this court by the judgment in LAA 52/02 and connected cases, by giving enhancement at 45% over and above the value fixed by the Land Acquisition Officer. Accordingly, the judgment and decree under appeal are set aside and the land value is fixed at 45% over and above the value fixed by the Land Acquisition Officer. The claimant shall also be entitled to all statutory benefits, including interest on solatium. The appeal is partly allowed as above. CMP No.376/03 : Dismissed.

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KURIAN JOSEPH, JUDGE.

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HARUN-UL-RASHID, JUDGE.

tgs

OP NO.

KURIAN JOSEPH & HARUN-UL-RASHID, JJ

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L.A.A. NO.100 OF 2003

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J U D G M E N T

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Dated 18^th February, 2008.

Kochi International Airport Society v. Mariamma

Case brief

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Kochi International Airport Society v. Mariamma

Case brief

What is this about?

What did the court decide?

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