LATHA LALAN, KRISHNA KRIPA versus THE GREATER COCHIN DEVELOPMENT AUTHORITY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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LATHA LALAN, KRISHNA KRIPA v. THE GREATER COCHIN DEVELOPMENT AUTHORITY - WP(C) No. 31157 of 2004(H) [2007] RD-KL 12987 (13 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31157 of 2004(H)

1. LATHA LALAN, KRISHNA KRIPA,
... Petitioner

Vs

1. THE GREATER COCHIN DEVELOPMENT AUTHORITY
... Respondent

2. P.S.VINCENT, PUTHUPPALLY HOUSE,

For Petitioner :SRI.K.BABU THOMAS

For Respondent :SRI.K.L.JOSEPH

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :13/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

W.P(C).No.31157 OF 2004

Dated this the 13th day of July, 2007

JUDGMENT

A piece of land was found unnecessary for the G.C.D.A. after it was acquired. Therefore, the G.C.D.A. proceeded to assign it to the second respondent. The petitioner claims that that parcel of land is lying in front of her residential building and allotment of that land to any other person would affect the peaceful enjoyment of her building and that therefore, she is prepared to purchase the said land.

2. Para 9 of the counter affidavit filed by the first respondent reads as follows: However, GCDA's Planning Department has suggested that as this bit is lying more contiguous to the petitioner's property it is reasonable and justifiable to allot the plot to her at a rate of not less than the highest rate offered in the last tender i.e., at Rs.78,000/- per cent.  WPC.31157/04 Page numbers

3. Under such circumstances, the first respondent will consider assigning that parcel of land to the petitioner on the revenue authorities fixing the land value as on the date on which the assignment would be made, however, that such value shall not be less than the amount stated by G.C.D.A. in para 9 of its counter affidavit. In the result, this writ petition is disposed of directing that Exts.P7 and P8 applications will be taken up, considered and disposed of in accordance with law by the first respondent in the light of what is stated above. Let that be done within an outer limit of four months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. 

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