Allowed

K.C.George v. the Spl.Tahsildar (L.a) Railways, Ekm

Kerala HC31 Mar 2011LA.App./245/2011

Case brief

AI extract

What is this about?

The Kerala High Court allowed the land acquisition appeal, re-fixing the market value of the land and directing the award of statutory benefits under Sections 23 and 28 of the Land Acquisition Act, subject to compliance with conditions on delay and court fees.

What did the court decide?

Appeal allowed; market value re-fixed at Rs. 2,25,000/- per cent; statutory benefits awarded under Sections 23 and 28 subject to compliance conditions.

K.C.George Vs the Spl.Tahsildar (L.a) Railways, Ekm — Land Acquisition | Kerala HC (2011)

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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 PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 LA.App..No. 245 of 2011(A) ------------------------------LAR.391/2006 of III ADDL.SUB COURT, ERNAKULAM ....................

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APPELLANT(S)/CLAIMANT:

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K. C. GEORGE, KALARICKAL HOUSE, SRM ROAD, ERNAKULAM, NOW RESIDING AT KALARICKAL HOUSE, ASHOKAPURAM, ALUVA, ERNAKULAM DISTRICT.

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BY ADV. SRI.C.CHANDRASEKHARAN SRI.ANIL KUMAR M.SIVARAMAN

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RESPONDENT(S)/RESPONDENTS:

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1. THE SPECIAL TAHSILDAR (LA) RAILWAYS, ERNAKULAM -16

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1. THE DIVISIONAL RAILWAYS MANAGER, (WORKS), TRIVANDRUM - 14.

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SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN SRI.N.B.SUNILNATH, SC, RAILWAYS

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.

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-----------------------------------------------L. A. A. No.245 of 2011

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-----------------------------------------------Dated this the 31^st day of March, 2011

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JUDGMENT

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Pius C. Kuriakose, J

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This appeal by the claimant pertains to acquisition of land

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in Ernakulam village for the purpose of expansion of Platform of

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the Town North Railway Station. As directed by us, the Government Pleader has taken notice on behalf of the Government and Sri.Sunilnath, the Standing Counsel for the Railways has taken notice on behalf of the Requisitioning

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Authority/Railways.

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Both sides drew our attention to our own judgment in L.A.A.226/09, a copy of the above judgment is placed before us. Having gone through the above judgment, we are of the view that the issue raised in this appeal is covered to a certain extent in favour of the appellant. Relying on the above judgment, we

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allow the appeal re-fixing the market value of the land under

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L. A. A. No.245 of 2011 -2-

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acquisition at Rs.2,25,000/- per cent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while providing for interest under Section 28, the Section will have due regard to the conditions imposed by us in the order which we have passed today condoning the delay caused in the matter of filing the appeal. Decree copy will be issued to the appellant only after ensuring that the conditions imposed in the order condoning the delay have been complied with and also that the full court fee payable on the appeal memo is remitted by the appellant. Parties are directed to suffer their respective costs.

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PIUS C. KURIAKOSE JUDGE

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N. K. BALAKRISHNAN JUDGE

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kns/-

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L. A. A. No.245 of 2011 -3-

K.C.George v. the Spl.Tahsildar (L.a) Railways, Ekm

Case brief

What is this about?

What did the court decide?

K.C.George v. the Spl.Tahsildar (L.a) Railways, Ekm

Case brief

What is this about?

What did the court decide?

What the court decided

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