The Kerala High Court allowed the land acquisition appeal, refixing the market value of the land at Rs.76,500 per cent and awarding statutory benefits to the appellant under relevant provisions of the Land Acquisition Act.
Appeal allowed; market value refixed at Rs.76,500 per cent; entitlement to statutory benefits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE &
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932
LA.App..No. 2 of 2011()
(L.A.R. NO.54/2006 ON THE FILE OF THE SUB COURT, ATTINGAL)
APPELLANT(S): CLAIMANT
VIJAYAKUMAR, S/O. KRISHNAN CHETTIAR, KUZHUVILA VEEDU, PATHALA, KILIMANOOR.
BY ADV. SRI.P.RAMAKRISHNAN
RESPONDENT(S): RESPONDENTS
KSTP/PULAMON, KOTTARAKKARA-691 506.
GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A.No.2 OF 2011
Dated this the 28th day of January, 2011 JUDGMENT
Pius C.Kuriakose, J.
Having considered the submissions addressed by the learned counsel for the appellant and also by Smt.Latha T.Thankappan, learned senior Government Pleader and having taken into account the decision taken by this court in connected matters including L.A.A. No.917/2010, we are of the view that there is warrant for interference with the impugned judgment. Accordingly, following the decision taken in L.A.A. No.917/2010, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.76,500/- per cent.
The appeal will stand allowed to the above extent. 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 he becomes eligible by virtue of this judgment. However, while drafting the
LAA.No.2/2011
2
decree, the Registry will have due regard to the conditions imposed by this court in its order in C.M.Appln.2/2011 dated 11/1/2011. The Registry will issue decree copy only after ensuring that the entire court fee is paid on the appeal memorandum.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk
2 issues framed by the court
Whether the market value of the acquired land should be refixed at Rs.76,500 per cent.
Whether the appellant is entitled to statutory benefits under Sections 23(2), 23(1A), and 28 of the Land Acquisition Act.
VIJAYAKUMAR, S/O. KRISHNAN CHETTIAR
THE STATE OF KERALA
PIUS C.KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
