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KURIAN v. STATE OF KERALA - LA App No. 338 of 2001 [2007] RD-KL 16920 (7 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 338 of 2001()

1. KURIAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

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

Dated :07/09/2007

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, JJ

L.A.A. Nos.338 & 339 OF 2001

J U D G M E N T

Dated 7th September, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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