Allowed

M.v.Thomas v. State of Kerala

Kerala HC24 Feb 2011LA.App./739/2009

Case brief

AI extract

What is this about?

The Court allowed appeals by a claimant unsatisfied with compensation redetermined for land acquisition for NH-17 upgradation. Citing prior judgments, the Court refix the market value at Rs.1,62,000/- per Acre and orders entitlement to statutory benefits under Sections 23(1A), 23(2), and 28 of the L.A. Act.

What did the court decide?

Market value of land refixed at Rs.1,62,000/- per Acre; claimant entitled to statutory benefits under Sections 23(1A), 23(2), and 28 of the Land Acquisition Act.

M.v.Thomas Vs State of Kerala — Land Acquisition | Kerala HC (2011)

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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 THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932

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LA.App..No. 739 of 2009() ------------------------LAR.21/2007 of PRINCIPAL SUB COURT,PARAVUR ....................

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APPELLANT(S): CLAIMANT

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M.V.THOMAS, S/O.VARGHESE, MANGALATHU HOUSE, MUTTINAKAM KARA, VARAPUZHA P.O.

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BY ADV. SRI.C.P.WILSON SMT.ROSE MICHAEL

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RESPONDENT(S): RESPONDENT

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------------------------STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR (L.A) N.H.NO.III, VYTTILA. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2011, ALONG WITH LAA NO. 740 OF 2009 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. 739 & 740 OF 2009

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Dated this the 24^th day of February, 2011

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JUDGMENT

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Pius C.Kuriakose, J.

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These appeals pertain to acquisition of land in Kottuvalli Village for the purpose of upgradation of NH-17. The claimant is not satisfied by the compensation redetermined by the Reference Court.

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It is fairly conceded by the learned senior Government Pleader Smt.Latha T. Thankappan that the issue raised in these appeals are covered to a certain extent in favour of the appellant by separate judgment of this court in L.A.A. Nos. 713/2010 and 1109/2009. It was submitted that under these judgments, the market value of identical lands acquired pursuant to the same notification for the same purpose has been refixed by this court at the rate of Rs.1,62,000/- per Are.

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Under the above circumstances, we allow both these appeals and refix the market value of th land under acquisition at Rs.1,62,000/- per Are.

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LAA.Nos.739 & 740/2009 2

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The appeals are 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 refixed compensation to which he becomes eligible by virtue of this judgment.

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The parties will suffer their respective costs. Decree copy will be issued by the Registry only after ensuring that the full court fee payable on the appeal memoranda is remitted.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

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dpk

M.v.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.v.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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