Allowed

Kunjappan v. State of Kerala

Kerala HC8 Mar 2012LA.App./195/2010

Case brief

AI extract

What is this about?

In this land acquisition appeal, the High Court of Kerala referred to its common judgment in LAA No.474/2009 regarding land valuation for Highway widening. Following that precedent, the Court allowed the appeal and refixed the market value of the land under acquisition at Rs.1,86,000/- per are, granting statutory benefits thereon.

What did the court decide?

Market value of land refixed at Rs.1,86,000/- per are; appellant entitled to statutory benefits on enhanced compensation under Section 28.

Kunjappan Vs State of Kerala — Land Acquisition | Kerala HC (2012)

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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 HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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THURSDAY, THE 8TH DAY OF MARCH 2012/18TH PHALGUNA 1933

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LA.App..No. 195 of 2010 ( )

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LAR.169/2007 of PRINCIPAL SUB COURT,PARAVUR

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APPELLANT(S)/CLAIMANT:

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KUNJAPPAN, S/O. VAREETHKUTTY, VATTAPARAMBIL, KOCHAL, KOTTUVALLY VILLAGE.

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BY ADVS.SRI.PHILIP T.VARGHESE

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SRI.K.SHAJU VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM

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RESPONDENT(S)/RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHASILDAR(L.A.), N.H.NO.3, VYTTILA ERNAKULAM-682 019.

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BY SR.GOVT.PLEADER SRI.T.R.RAJESH

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ

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LAA No.195 of 2010

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Dated this the 8^th day of March, 2012

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JUDGMENT

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Pius C. Kuriakose, J

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Having heard the submissions of the learned counsel for the appellant and those of Shri T. R. Rajesh, learned Government Pleader, we are convinced that the issued raised by the above claimant in this appeal is covered in his favour to a large extent by the judgment of this Court in LAA No.474/2009.

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The property in Kottuvally village was under acquisition pursuant to Section 4(1) notification published on 23/08/2004 for the widening of National Highway 17 from Varapuzha to Cheriappilly. The Land Acquisition Officer awarded land value at the rate of Rs.1,03,031/per are. The Reference Court under impugned judgment fixed the land value at Rs.1,78,030/- per are.

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We find from the common judgment of this Court in LAA Nos.474/2009 and connected cases that the value of identical land, as got for the same purpose, has been refixed by Rs.1,86,000/- per are.

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LAA No.195 of 2010

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-:2:-

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Following that common judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.1,86,000/- per are. The appellant will be entitled for all statutory benefits on the total enhanced compensation admissible under Section 28. Parties are

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directed to suffer their respective costs.

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PIUS C. KURIAKOSE JUDGE

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sd/-

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A. V. RAMAKRISHNA PILLAI JUDGE

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//TRUE COPY//

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P.A TO JUDGE

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krj

Kunjappan v. State of Kerala

Case brief

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Kunjappan v. State of Kerala

Case brief

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