Allowed

Thomas v. State of Kerala

Kerala HC4 Aug 2010LA.App./770/2010

Case brief

AI extract

What is this about?

The Kerala High Court allowed an acquisition appeal to refix the market value of land at Rs.1,62,000/- per Are, relying on a prior judgment. The court held appellants entitled to statutory benefits under specified sections, subject to conditions imposed in a connected miscellaneous application.

What did the court decide?

Allowed to refix market value of land at Rs.1,62,000/- per Are; entitlement to statutory benefits declared.

Thomas Vs State of Kerala — Land Acquisition | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932

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LA.App..No. 770 of 2010()

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------------------------LAR.88/2007 of PRINCIPAL SUB COURT,PARAVUR ....................

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APPELLANT(S): CLAIMANTS

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THOMAS, S/O.GEORGE, VELIKAKATHU, VALLUVALLY, KOONAMMAVU P.O.

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MARIYAM, W/O.GEORGE, VELIKAKATHU, VALLUVALLY, KOONAMMAVU P.O.

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BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.SHUBHA ABRAHAM SMT.AFSANA ASHRAF SMT.ASWATHY N KUTTY SRI.S.SARATH

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RESPONDENT(S): RESPONDENT

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STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), N.H.NO.3, VYTTILA, ERNAKULAM - 682 019.

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BY GOVT.PLEADER SMT.R.BINDU

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.

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L.A.A.No. 770 OF 2010

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Dated this the 4^th day of August, 2010

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JUDGMENT

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Pius C.Kuriakose, J.

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As directed by us Smt.R.Bindu learned senior Government

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Pleader has taken notice on behalf of the Government and we have heard the submissions of Sri.Philip T.Varaghese, learned counsel for the appellants and those of Smt.R.Bindu.

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We notice that the issue raised in this appeal is covered against the Government by the judgment in L.A.A. No.713/2010. Following the decision taken by us in L.A.A. No. 713/2010, we allow this appeal to the extent of refixing the market value of land under acquisition at Rs.1,62,000/- per Are.

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The appeal will stand allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. While drafting the decree the Registry will have due regard to the conditions imposed by us in our order dated 13/7/2010 in CMP No. 1183/2010. The decree copy

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L.A.A.No.770/2010

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will be issued to the appellants only upon remittance of the full court fee payable on the appeal memorandum.

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PIUS C.KURIAKOSE,JUDGE

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C.K.ABDUL REHIM , JUDGE

dpk

L.A.A.No.770/2010

PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.

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C.M.Appln. No.1183 of 2010 in L.A.A.No.770 OF 2010

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Dated this the 13^th day of July, 2010 O R D E R

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Pius C.Kuriakose, J.

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Heard both sides. This application will stand allowed and

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the delay will stand condoned subject to the following conditions;

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L.A.A.No.770/2010

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i). The appellants will pay a sum of Rs.1500/- to the Government through the office of the Advocate General within seven days from today.

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ii). The appellants will pay an equal

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amount to the High Court Legal Services Committee within the same time limit.

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iii). In the event of the appeal being allowed and the appellants becoming eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under

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Section 28 of the Act during the period of 338 days condoned by this order.

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Annex a copy of this order to the judgment to be passed in the appeal. The Registry will send up the appeal for admission once receipts against payment of the above amounts are noticed.

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L.A.A.No.770/2010

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PIUS C.KURIAKOSE,JUDGE

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C.K.ABDUL REHIM , JUDGE dpk

Thomas v. State of Kerala

Case brief

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Thomas v. State of Kerala

Case brief

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