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KURIAN v. STATE OF KERALA - LA App No. 338 of 2001  RD-KL 16920 (7 September 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMLA App No. 338 of 2001()
1. STATE OF KERALA
For Petitioner :SRI.AMJITH C. JOHN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice HARUN-UL-RASHID
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.L.A.A. Nos.338 & 339 OF 2001 Dated 7th September, 2007.
J U D G M E N T
Kurian Joseph, J.These appeals are filed by the claimants for enhancement of compensation in respect of the property acquired for the Moovattupuzha Valley Irrigation Project. In L.A.R.33/98, subject matter of L.A.A.338/01, the reference court has entered a finding that the property acquired in that case is similar to that of the property covered by Ext.A4 judgment in L.A.R.105/96. In that case, the enhancement granted is Rs.3,095/- per Are, over and above the value awarded by the Land Acquisition Officer. However, while granting the relief, the enhancement is limited only to Rs.1,800/- per Are. Apparently, this is a mistake. That apart, in several similar cases, it is brought to our notice that this Court has sustained enhancement to 60%. Therefore, we allow the appeal, L.A.A.338/01 declaring that the claimants shall be entitled to enhancement to the tune of Rs.3,095/- per Are over the value awarded by the Land Acquisition Officer, and the consequential statutory benefits.
2. The property covered by L.A.R.24/98 is adjacent to LAA Nos.338 & 339/01 2 the property covered by L.A.R.33/98. On the same principles as stated in L.A.A.338/01, we hold that the appellant in L.A.A.339/01 will also be entitled to the land value as is given to the appellants in L.A.A.338/01 along with the consequential statutory benefits. No costs.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.tgs KURIAN JOSEPH &
HARUN-UL-RASHID, JJL.A.A. Nos.338 & 339 OF 2001
J U D G M E N T
Dated 7th September, 2007.
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