Allowed

State of Kerala, Rep. by the Spl.Tahsild v. Smt.Rugmini Amma and Another

Kerala HC27 Jun 2011LA.App./97/2011

Case brief

AI extract

What is this about?

The Court allowed the land acquisition appeal and re-fixed the market value of the land at Rs.5,30,000 per Are, holding that full DLPC rates are unjustified. The Court directed the award of statutory benefits under Sections 23(1A), 23(2), and 28.

What did the court decide?

Re-fixed market value at Rs.5,30,000 per Are; directed payment of statutory benefits under Sections 23(1A), 23(2), and 28.

State of Kerala, Rep. by the Spl.Tahsild Vs Smt.Rugmini Amma… — 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 &

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933

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LA.App..No. 97 of 2011(D)

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------------------------LAR.75/2009 of III ADDL.SUB COURT, ERNAKULAM

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APPELLANT(S): RESPONDENT 1 IN LAR

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STATE OF KERALA,REP.BY THE SPECIAL TAHASILDAR(LA),ICTT,VALLARPADAM.

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BY SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN

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RESPONDENT(S): CLAIMANT & R2 IN LAR

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SMT.RUGMINI AMMA,KALARIKKAL, CHERANELLOOR ,PIN 682 034.

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THE CHAIRMAN,COCHIN PORT TRUST, W.ISLAND,PIN 682 003.

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ADV. SRI.A.BALAGOPALAN FOR R1 SRI.C.MURALI FOR R1

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ADV. SMT. THUSHARA JAMES FOR R2.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.

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LAA. No. 97 of 2011

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Dated this the 27th day of June, 2011

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J U D G M E N T

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Pius C.Kuriakose, J.

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Having regard to the submissions addressed before us by the learned Govt. Pleader Sri. V.T. K. Mohanan and Smt. Thushara James, learned counsel for the requisitioning authority and Sri. Imthyas Ahammed, counsel for the claimant and having taken into account the judgment of this Court in LAA. No. 33 of 2010 we allow this appeal and re-fix the market value of the land under acquisition at Rs.5,30,000/- per Are. This we do on our view that awarding full DLPC rates will not be justified in this case where land acquisition proceedings were resorted to. This court has been consistently taking the view that DLPC fixes the rates taking into account 30% solatium which the party would have got if he had gone in for land acquisition proceedings.

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LAA. 97/11

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-2-

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The appeal is allowed as above. On the re-fixed

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compensation the claimant will be entitled to all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs.

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(PIUS C.KURIAKOSE, JUDGE)

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(K.SURENDRA MOHAN, JUDGE)

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ksv/-

State of Kerala, Rep. by the Spl.Tahsild v. Smt.Rugmini Amma and Another

Case brief

What is this about?

What did the court decide?

State of Kerala, Rep. by the Spl.Tahsild v. Smt.Rugmini Amma and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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