Kerala High Court
LA.App./663/2004 of SUNNY Vs LAND ACQUISITION AUTHORITY, CHALAKUDY 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. 663 of 2004 ( A ) --------------------------- LAR.5/2002 of ADDL.SUB COURT, IRINJALAKUDA
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. 663 of 2004 (A)
---------------------------LAR.5/2002 of ADDL.SUB COURT, IRINJALAKUDA
APPELLANT(S)/CLAIMANT:
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SRI.SUNNY, S/O.NALLENKARA RAPPAI, PARAVATTANI DESOM, OLLUKKARA THRISSUR REPRESENTED BY POWER OF ATTORNEY HOLDER NOUSHAD AHAMMED, S/O.MUHAMMED BASHEER 40/152, VADDOKKARA DESOM, MOOKKANCHERY VILLAGE THRISSUR TALUK.
BY ADVS.SRI.LEGY ABRAHAM
SRI.M.L.SHAJAN
RESPONDENT(S):
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1. THE LAND ACQUISITION AUTHORITY, CHALAKUDY MUNICIPALITY.
2. THE GOVT. OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR.
R1 BY ADV. SRI.SHEEJO CHACKOR1 BY ADV. SRI.SANGEETH C. SUBRAMANIANR1 BY ADV. SRI.P.JINISH PAULGOVT. 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:
S. Siri Jagan & C.K. Abdul Rehim, JJ.
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L.A.A. No. 663 of 2004
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=Dated this, the 31[st]day of December, 2012.
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J U D G M E N T
Siri Jagan, J.
This appeal is filed by the claimant in L.A.R. No. 5/2002before the Additional Subordinate Judge, Irinjalakkuda, seekingenhancement of compensation awarded for acquisition of 0.0900hectares of land in Sy. No. 211/1 of Kizhakke Chalakudy villageacquired as per award No. 1/2001 dated 15.2.2001, by which theland value was fixed at the rate of Rs. 13,265/- per Are. Thenotification under Section 4(1) is dated 25.7.1998 and theproperty was taken possession on 5.1.2002. The referencecourt enhanced the compensation by Rs. 3,406/- per Are. Theclaimant has filed this appeal seeking compensation at the rateof Rs. 16,671/- per Are.
2. The learned counsel for the appellant, learned counselfor the requisitioning authority-Municipality and the learnedGovernment Pleader agree that in respect of acquisition ofadjacent land in the same acquisition, this Court has enhancedthe land value to Rs. 32,200/- per cent in L.A.A No. 859/2009.Counsel for all parties agree that this appeal can also bedisposed of enhancing the land value as directed in L.A.A. No.859/2009.
Accordingly, this appeal is disposed of holding that theappellant in this case is also entitled to compensation at the rate
L.A.A. No. 663 of 2004
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of Rs. 32,200/- per Cent for the land acquired from him,which is the subject matter of this appeal. The appellantwill be entitled to all consequential statutory benefits forthe additional compensation payable.
Sd/- S. Siri Jagan, Judge.
Sd/- C.K. Abdul Rehim, Judge.
Tds/
[True copy]
P.S to Judge.