Kerala High Court
LA.App./1181/2008 of SATHEEDEVI Vs SPL. TAHSILDAR(LA) on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 LA.App..No. 1181 of 2008 ---------------------------- LAR.310/1999 of PRL.SUB COURT, KOZHIKODE APPELLANT / CLAIMANT:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
LA.App..No. 1181 of 2008
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LAR.310/1999 of PRL.SUB COURT, KOZHIKODE
APPELLANT / CLAIMANT: -
---------------------------------------- K.SATHEEDEVI, W/O.K.A.BHASKARAN, KARUTHEDATH, MALAPARAMBA, KOZHIKODE DISTRICT.
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENT / RESPONDENT:-
------------------------------------------------ THE SPECIAL TAHSILDAR (LA) NH-II, CIVIL STATION, KOZHIKODE, R/BY ADVOCATE GENERAL, HIGH COURT, ERNAKULAM.
BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DMR/-
S.SIRI JAGAN &
C.K. ABDUL REHIM, JJ
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L.A.Appl. No. 1181 of 2008
--------------------------------------------- Dated this the 31[st] day of December, 2012
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JUDGMENT
S.SIRI JAGAN, J
2.7 Cents of land equivalent to 0.011 hectares of landwas acquired from the appellant in proceedings under theLand Acquisition Act. The Land Acquisition Officer passedaward directing payment of compensation at the rate ofRs.13,200/- per cent. Dissatisfied with the same, theappellant sought reference which culminated inLAR.No.310/1999 before the Subordinate Judge's Kozhikode,in which the reference Court enhanced the compensation toRs. 35,000/- per cent. Dissatisfied with the compensationawarded by the reference Court also, the appellant has filedthis appeal.
2. The contention of the appellant is that a total extentof 81 cents was acquired from the appellant and herhusband together. Out of the same, for 78 cents belonging
L.A.Appl. No. 1181 of 2008
to her husband, in LAR No.311/1999, which was disposed ofalong with the appellant's reference by a common judgment,the appellant's husband was awarded Rs.35,000/- per centas compensation. Against the award of the reference Court,the appellant's husband filed Land Acquisition Appeal No.1180/2008 in which based on the earlier judgment in LAANo.277/2009, the compensation was enhanced toRs.48,000/- per cent. The appellant submits that in view ofthe said judgment of this court in LAA No. 1180 of 2008, thepetitioner is also entitled to compensation at the same rate.
3. The learned Govt. Pleader does not dispute the factthat the appeal filed by the petitioner's husband in respectthe land acquired along with the land of the petitioner, wasdisposed of enhancing the compensation of Rs.48,000/- percent. Therefore we are satisfied that the appellant is alsoentitled the same benefit. Accordingly we allow the appealto the extent of re-fixing the compensation for the landacquired from the appellant at Rs.48,000/- per cent.
4. Needless to say, the appellant will be entitled to allstatutory benefits admissible under the Land Acquisition Actfor the enhanced compensation also. The parties aredirected to suffer their respective costs.
The appeal is disposed as above.
sd/-
S.SIRI JAGAN, JUDGE,
sd/-
C.K. ABDUL REHIM, JUDGE
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PA TO JUDGE