Allowed

V.Gangadevi v. Spl. Tahsildar(La)

Kerala HC13 Jan 2011LA.App./995/2007

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a land acquisition appeal, accepting arguments for higher land compensation of Rs.30,000/- per cent over fixed reference value of Rs.5500/- per cent. However, following principle of earlier judgment (L.A.A.301/2006), court refixed land value at Rs.10,000/- per cent. Appellants entitled to all statutory benefits under relevant sections of Land Acquisition Act on enh

What did the court decide?

Land value refixed at Rs.10,000/- per cent; appellants entitled to statutory benefits under Sections 23(2), 23(1A) and 28 of L.A. Act on enhanced compensation excluding benefits for 1210 days delay pe

V.Gangadevi Vs Spl. Tahsildar(La) — 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

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THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932

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LA.App..No. 995 of 2007()

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------------------------LAR.79/1998 of ADL.SUB COURT, THALASSERY

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APPELLANT(S): CLAIMANTS NO.6 & 7

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V.GANGADEVI, W/O K.VINAYACHANDRAN, AGED 53 YEARS, HOUSEWIFE, RESIDING AT PRASANTHI SADAN, KODIYERI AMSOM, MOOZHIKKARA DESOM, P.O.MOOZHIKKARA, THALASSERY TALUK, KANNUR DIST.

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P.K.KARUNAKARAN NAMBIAR, S/O ANANDAN, AGED 86 YEARS, NO OCCUPATION, RESIDING AT PRASANTHI SADAN, KODIYERI AMSOM,MOOZHIKKARA DESOM, P.O.MOOZHIKKARA, THALASSERY TALUK, KANNUR DIST.

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BY ADV. SRI.R.SURENDRAN

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RESPONDENT(S): RESPONDENT

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SPECIAL TAHSILDAR,(L.A), THALASSERY, KANNUR DISTRICT.

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BY GOVT.PLEADER SRI.LATHA T.THANKAPPAN

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011, 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. 995 OF 2007

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Dated this the 13^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. Their property measuring 117.87 cents in Kodiyeri Village was acquired for the purpose of constructing Malabar Cancer Centre. Relevant Section 4(1) notification was published on 4/6/1997. The Land Acquisition Officer awarded land value at the rate of Rs.3770/- per cent. The Reference Court after evaluating the evidence, which consisted of both oral and documentary produced by the parties, refixed the land value at the rate of Rs.5500/- per cent. The appellant claimed land value to be fixed at the rate of Rs.30,000/- per cent.

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Sri. R.Surendran, learned counsel for the appellants has strenuously argued for getting the land value refixed at the rate of Rs.30,000/- per cent. But it has come to our notice that similar matters were disposed of by this court as per the judgment in L.A.A.301/2006 dated 28/5/2009, wherein land

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L.A.A..No.995/2007

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covered by the same notification and similar in nature and similarly situated was awarded compensation refixing the land value at Rs.10,000/- per cent. It is stated that the above judgment has attained finality.

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This appeal is therefore allowed refixing the land value at Rs.10,000/- per cent. The appellants 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 they become eligible by virtue of this judgment. But it is made clear that the appellants will not be entitled to get statutory benefits for the period of delay of 1210 days condoned by this Court in C.M.Appln. 1149/2007 in filing the appeal .

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While drafting the decree, the Registry will have due regard to the conditions imposed by us in the order condoning the delay caused in the matter of filing the appeal.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

dpk

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V.Gangadevi v. Spl. Tahsildar(La)

Case brief

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V.Gangadevi v. Spl. Tahsildar(La)

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