Allowed

K.Manojkumar and Another v. the Special Tahsildar (La), Thalassery

Kerala HC26 Oct 2010LA.App./895/2010

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a land acquisition appeal where the lower court's land value was lower than the fixed precedent. The court enhanced the rate to Rs.10,000 per cent, granted statutory benefits, but denied interest for procedural delays in presenting the appeal. Proportionate cost was awarded.

What did the court decide?

Appeal allowed; land value refixed at Rs.10,000 per cent; entitled to enhancement and statutory benefits; interest for appeal representation and filing delay denied.

K.Manojkumar and Another Vs the Special Tahsildar (La)… — Land Acquisition | Kerala HC (2010)

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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 K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932

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LA.App..No. 895 of 2010() -----------------------------------LAR.143/1998 of ADL.SUB COURT, THALASSERY ....................

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APPELLANT/ LEGAL HEIRS OF THE CLAIMANT

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

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UCHAMBALLY THATTARI RADHA W/O GOPI (DIED) LEGAL HEIRS.

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1, K.MANOJKUMAR S/O/RADHA 36 YEARS,MECHANIC,RESIDING AT KOTTAYANTAVIDA, RADHALAYAM, KODIYERI AMSOM, MOOZHIKKARA DESOM, (PO) MOOZHIKKARA THALASSERY TALUK,KANNUR DISTRICT.

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2, K.VINIDKUMAR S/ORADHA 34 YEARS, DRIVER, RESIDING AT KOTTAYANTAVIDA, RADHALAYAM,KODIYERI AMSOM, MOOZHIKKARA DESOM, (PO) MOOZHIKKARA THALASSERY TALUK,KANNUR DISTRICT.

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BY ADV. SRI.K.P.HAREENDRAN

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RESPONDENT(S):

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

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THE SPECIAL TAHSILDAR (LA) THALASSERY P.O.THALASSERY, KANNUR DISTRICT.

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BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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**K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * *** L.A.A.No.895 of 2010

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Dated this the 26^th day of October 2010

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J U D G M E N T

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K.M.JOSEPH,J

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The appeal is directed against judgment in L.A.R.No.143/1998 on the file of the Additional Subordinate Jude, Thalassery. An extent of 0.0577 and 0.0571 hectors of land in Resurvey 42/1 and 31/13 of Kodiyeri amsom of Thalassery taluk was acquired for establishment of a cancer hospital. The Land Acquisition Officer awarded Rs.3,700/- per cent. In reference before the court, the Additional Sub Judge enhanced the compensation by granting an additional land value of Rs.26868/- and Rs.26859/- as additional compensation. The land value was enhanced by Rs.5,500/- per cent. It is being aggrieved by the same, the appellant is before us.

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We have heard the learned senior Government Pleader Smt.Latha Thankappan. There is no dispute that the matter is covered by the judgment of this Court in L.A.A.No.1556/2007 wherein this Court has fixed the land value at Rs.10,000/- per cent.

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L.A.A.No.895 of 2010

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Accordingly, we allow the appeal and refix the land value at Rs.10,000/- per cent. We direct that the appellant will be entitled to enhancement on the said basis. The appellant will also be entitled to all the statutory benefits on the enhanced compensation. However, we direct that the appellant will not be entitled to interest for a period of 31 days in representing the appeal as also a period of 2550 days of delay in filing the appeal as ordered by this Court in the interlocutory orders which is otherwise awardable under Section 28 of the Land Acquisition Act. The appellant will be entitled to proportionate cost.

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(K.M.JOSEPH, JUDGE)

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(M.C.HARI RANI, JUDGE)

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jsr

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// True Copy// PA to Judge

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L.A.A.No.895 of 2010 3

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L.A.A.No.895 of 2010

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K.M.JOSEPH & M.C.HARI RANI, JJ.

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.No. of 200

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ORDER/JUDGMENT

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30/082010

K.Manojkumar and Another v. the Special Tahsildar (La), Thalassery

Case brief

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K.Manojkumar and Another v. the Special Tahsildar (La), Thalassery

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