Allowed

Thomas,S/O.Emmanuel v. State of Kerala

Kerala HC14 Jan 2011LA.App./71/2010

Case brief

AI extract

What is this about?

The High Court of Kerala enhanced land compensation, refixing land value at Rs.38,215 per cent and awarding an additional 20% enhancement for the building value, and directed payment of statutory benefits under relevant sections.

What did the court decide?

Land value refixed at Rs.38,215 per cent; building compensation enhanced by 20%; entitlement to all statutory benefits under Sections 23(2), 23(1A), and 28.

Thomas,S/O.Emmanuel Vs State of Kerala — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

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FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932

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LA.App..No. 71 of 2010() -----------------------LAR.29/2006 of SUB COURT,THODUPUZHA

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APPELLANT(S): CLAIMANT

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SRI.THOMAS, S/O. EMMANNUEL, THOTTUMKAL, KARIMKUNNOM, THODUPUZHA.VIA.

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BY ADV. SRI.RAJU K.MATHEWS

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI.

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THE ASSISTANT EXECUTIVE ENGINEER, KSTP DIVISION, PWD PONKUNNOM, KANJIRAPPILLY.

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BY GOVT.PLEADER SMT.T.T.JOSEPHINA

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, ALONG WITH L.A.A. NO.892/2010 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..Nos. 71 & 892 OF 2010

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Dated this the 14^th day of January, 2011

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JUDGMENT

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Balakrishnan, J.

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The claimants are in appeal. Properties covered by these two cases are falling under Group IV (A). Land value fixed by the Land Acquisition Officer was Rs.19,752/- per Are. The Reference Court refixed the land value at Rs.58,444/- per Are. The learned counsel for the appellants submits that the land value fixed by the court is too low. We take note of the fact that while refixing the land value, considering the category of land in which these lands are situated, the Land Acquisition Officer took approximately 90% of the land value fixed in respect of the lands falling under Group III(B). Taking roughly 90% of the value of the land fixed for Group III(B) as land value, we find that the land value of properties acquired in these two cases can be refixed at Rs.38,215/- per cent.

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It is submitted by the learned counsel for the appellants

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that in the property acquired from the claimants in L.A.A. No.892/2010 there was a building. The Reference Court

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LAA.Nos.71 & 892/2010 2

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confirmed the value of the building fixed by the Land Acquisition Officer at Rs.2,57,367/-. The learned counsel for the claimants submits that the value of the building was fixed based on the PWD schedule of rate. It is common knowledge that the rate fixed by the PWD would be always low when compared to the actual value of the building. Taking note of that fact, we find that the value of the building can be enhanced by 20% and as such the appellants in L.A.A.No.892/2010 are entitled to get Rs.51,473/- over and above the value of the building fixed by the Land Acquisition Officer as additional compensation towards the building.

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These appeals are allowed to the above extent. The claimants 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.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

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dpk

Thomas,S/O.Emmanuel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas,S/O.Emmanuel v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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