In a land acquisition appeal, the Kerala High Court allowed the claimant's appeal and refixed the land value at Rs.4,800 per cent, entitling her to statutory benefits on the enhanced compensation.
Appeal allowed; land value refixed at Rs.4,800/- per cent; entitlement to statutory benefits under Sections 23(2), 23(1A) and 28 of the L.A. Act granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932
LA.App..No. 1022 of 2004(A) --------------------------------LAR.223/2001 of ADL.SUB COURT, THALASSERY ....................
APPELLANT(S): CLAIMANT
KUNIMAL PARAMBATH PREETHA, W/O. RAVEENDRAN, AGED 40 YEARS, HOUSEWIFE, NAROTH HOUSE, TEMPLE GATE P.O., THALASSERY TALUK, KANNUR DISTRICT.
BY ADV. SRI.R.SURENDRAN SMT.P.GOPIKA
RESPONDENT(S): RESPONDENTS
GOVT. PLEADER SMT.T.T.JOSEPHINA ADV. SRI.G.S.REGHUNATH (SR.) FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A.No. 1022 OF 2004
Dated this the 18th day of January, 2011
JUDGMENT
Balakrishnan, J.
The claimant is in appeal. The property belonging to the claimant was acquired for the purpose of KINFRA. An award was passed by the Land Acquisition Officer on 29/7/1999. The land value was fixed by the Land Acquisition Officer at the rate of Rs.2,500/- per cent. Though the claimant contended that she is entitled to get the land value fixed at the rate of Rs.25,000/- per cent, no evidence was adduced before the Reference Court. Hence, the Reference was answered by the learned Sub Judge confirming the award passed by the Land Acquisition Officer.
LAA.No.1022/2004
2
Rs.4,800/- per cent.
Accordingly the appeal is allowed refixing the land value at the rate of Rs.4,800/- per cent. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A. Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk
2 issues framed by the court
Whether the land value should be refixed at Rs.4,800/- per cent in similar matters.
Whether the appellant is entitled to statutory benefits under Section 23(2), 23(1A) and Section 28 of the L.A. Act on enhanced compensation.
3 provisions across 1 enactments
KUNIMAL PARAMBATH PREETHA
STATE OF KERALA
MANAGING DIRECTOR, KINFRA
PIUS C.KURIAKOSE
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
