Partly allowed

Kochi International Airport Society v. Santhakumari

Kerala HC18 Feb 2008LA.App./338/2003

Case brief

AI extract

What is this about?

Appeal by Kochi International Airport Society against land value fixation. Court set aside prior judgment and decree, fixing land value at 45% enhancement over Land Acquisition Officer's value, awarding statutory benefits and interest to claimant.

What did the court decide?

Impugned judgment and decree set aside; land value fixed at 45% enhancement; statutory benefits and interest on solatium awarded to claimant.

Kochi International Airport Society Vs Santhakumari — 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. 338 of 2003(D)

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-------------------------LAR.14/1999 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 ANGAMALY, REPRESENTED BY ITS MANAGING DIRECTOR

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BY ADV. SRI.N.N.SUGUNAPALAN SC AIRPORT AUTHORITY

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RESPONDENTS: CLAIMANT & RESPONDENTS

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

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1. SMT.SANTHAKUMARI W/O. P.L.THOMAS, PADAYATHY HOUSE, THURAVUMKARA P.O., VADAKKUMBHAGOM VILLAGE,

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2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM.

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BY ADV. SRI.K.P.DANDAPANI 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.338 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 6/99 has been refixed by this court by the judgment in LAA 70/03 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.

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CMP No.1103/03 : Dismissed.

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KURIAN JOSEPH, JUDGE.

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HARUN-UL-RASHID, JUDGE.

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tgs

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ

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L.A.A. NO.338 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. Santhakumari

Case brief

What is this about?

What did the court decide?

Kochi International Airport Society v. Santhakumari

Case brief

What is this about?

What did the court decide?

What the court decided

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