High CourtsDivision Bench(2012) 03 KL CK 0075

Siddique and K. Ashraff vs Special Tahsildar (L.A) Kozhikode Civil Station, Kozhikode and The Executive Engineer NH Division, Kozhikode

High Court Of Kerala · Decided on 22 March 2012

HON’BLE JUDGES
Pius C. Kuriakose, J · A.V. Ramakrishna Pillai, J
RESULT
Allowed
CASE NUMBER
LA. App. No. 735 of 2011 (S)

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Judgment

2 paragraphs · 188 words

Pius C. Kuriakose, J.—The claimants are in appeal. Sri. Babu Karukapadath, the learned counsel for the appellants would submit at the very outset that the issue raised by the appellants in this appeal is covered in favour of the appellants by judgment of this Court in L.A.A No. 198/10. Sri. Babu would place before us a copy of the above judgment. Sri. C.R. Syamkumar, the learned Senior Government Pleader would fairly concede that the judgment in L.A.A No. 198/10 has become final.

2.

Having gone through the judgment in L.A.A No. 198/10, we are convinced that the above judgment decides the issue raised in this appeal in favour of the appellants to a considerable extent. We follow the above judgment and allow this appeal. The market value of the land under acquisition is re-fixed at Rs. 60,000/- per cent. The appellants will be entitled for all statutory benefits. However, while decree is drafted and interest is provided u/s 28, the Section will have due regard to the conditions imposed by this Court in our order in C.M. Application No. 177/12. The appeal is allowed as above. No costs.