Allowed

Jose v. State of Kerala

Kerala HC20 Mar 2012LA.App./701/2005

Case brief

AI extract

What is this about?

In an appeal against the judgment in a Land Acquisition Reference case, the Kerala High Court found that the Reference Court erred in not applying the market value rate of Rs.7,714 per cent established in a related acquisition case. The Court allowed the appeal only to refix the value at that rate.

What did the court decide?

Appeal allowed to refix the value of the land under acquisition at Rs.7,714/- per cent. All statutory benefits and proportionate cost granted.

Jose 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 & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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TUESDAY, THE 20TH DAY OF MARCH 2012/30TH PHALGUNA 1933

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LA.App.No.701 of 2005 (A)

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(LAR.52/2002 of SUB COURT,THODUPUZHA)

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APPELLANT(S)/CLAIMANTS::

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JOSE, SON OF THOMAS, VAYATTATTIL

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PUTHENPURAYIL, PURAPPUZHA P.O., THODUPUZHA.

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THOMAS, S/O. THOMAS, VAYATTATTIL

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PUTHENPURAYIL, PURAPUZHA P.O.

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GEORGE, S/O. THOMAS, DO.

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BY ADV. SRI.T.R.RAMACHANDRAN NAIR

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RESPONDENT/RESP0NDENT:

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STATE OF KERALA THE DISTRICT COLLECTOR, IDUKKI.

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BY SENIOR GOVERNMENT PLEADER SRI. C. R. SYAM KUMAR.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

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LAA No.701 of 2005.

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Dated this the 20^h day of March, 2012.

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JUDGMENT

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Pius C. Kuriakose, J .

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This is an appeal preferred by the claimants against the directions contained in the judgment and decree in LAR No.52/2002. The impugned judgment is a judgment in common with the judgment in LAR No.51/2002. This Court, by its judgment in LAA No.712/2007, confirmed the impugned judgment with notice to the claimants in that case, who are close relatives of the appellants herein.

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In view of the finality attained by the judgment in LAA No.712/2007, the appellants cannot claim for any refixation of market value by way of enhancement as such. However, we notice that the action of the Reference Court in not awarding the rate of Rs.7,714/- per cent fixed for the properties in LAR No.51/2002 for the present properties, is not proper. After all, the Land Acquisition Officer treated the properties in LAR Nos.51 & 52/2002 to have the same value.

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LAA No.701 of 2005.

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-:2:-

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We, therefore, allow this appeal only to the extent of refixing the

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value of the land under acquisition at Rs.7,714/- per cent. The appellants are entitled for all statutory benefits on the refixed compensation. The appellants will also get proportionate cost also in

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this appeal.

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sd/-

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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

Jose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jose v. State of Kerala

Case brief

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What did the court decide?

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