High CourtsDivision Bench(2012) 08 KL CK 0072

Ranjitha Mary vs The Special Tahsildar La No.1, Kiidc (Kinfra) Palakkad District and The Managing Director Kerala Industrial Infrastructure Development Corporation Vellayamabalam, Thiruvananthapuram District

High Court Of Kerala · Decided on 3 August 2012

HON’BLE JUDGES
Pius C. Kuriakose, J · A.V. Ramakrishna Pillai, J
CASE NUMBER
LA. App. No. 489 of 2012

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Judgment

3 paragraphs · 240 words

Pius C. Kuriakose, J

1.

Having considered the submissions addressed at the Bar by the learned counsel for the appellant, the learned standing counsel for the requisitioning authority and the learned senior Government Pleader, we are of the view that this appeal preferred by the claimant for further enhancement of compensation for her properties in Elapully-I village acquired for the purpose of formation of an integrated township at Kanjikode, Palakkad District pursuant Section 4(1) notification published on 22/4/1999 is liable to be considered favourably. We find that similar issue was decided in favour of the claimant in L.A.A. No.513/2011. A copy of the above judgment is produced before us and we have perused the same. Following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.2,500/- per cent. This means that over and above the enhancement granted by the Reference Court, the appellant is awarded Rs.916/- per cent more.

The appellant will be entitled for all statutory benefits on the refixed compensation subject to the conditions we have imposed in our order dated 1/8/2012 in C.M.Appln. No.691/2012. Parties will suffer their respective costs in this appeal. Decree copy will be issued to the appellant only after ensuring that the appellant have complied with all the conditions that we have imposed in our in C.M.Appln. No.691/2012. It should also be ensured that the balance court fee is remitted in full by the appellant.