State of Kerala Vs. Saradamma

State of Kerala vs Saradamma

Type Court Judgment Court Kerala Decided Dec 20, 2012

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Citation: sooperkanoon.com/1009457
Court: Kerala High Court
Judge: Honourable Mr.Justice K.T.Sankaran
Decided On: Dec 20, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Saradamma

Excerpt

.....this land acquisition appeal having been finally heard on 20-12- 2012, the court on the same day delivered the following: k.t.sankaran & m.l.joseph francis jj., - - - - - - - - - - - - - - - - - - - - - - - - - - - - l.a.a. no.508 of 2005 b - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 20th day of december, 2012 judgment k.t. sankaran j., an extent of 22.70 ares of land in survey no.372/6 of koovappady village belonging to the respondents 1 to 10 was acquired for the purpose of establishing outer marker signal station for kochi international airport. notification under section 4(1) of the land acquisition act was published on 6.6.1998. the land acquisition officer awarded compensation fixing the land value at `28,500/- per are. on reference, the land acquisition court, in l.a.r. no.274 of 1999, re-fixed the land value at `74,100/-per are. l.a.r. no.274 of 1999 was tried and disposed of along with l.a.r no.282 of 1999 by a common judgment dated 12.11.2003. the state filed l.a.a. no.591 of 2005 against the l.a.a. no.508 of 2005 :2: judgment and decree in l.a.r. no.282 of 1999. a division bench of this court in the judgment dated 25.6.2012in l.a.a. no.591 of 2005 re-fixed the land value at `65,000/- per are.2. following the judgment in l.a.a. no.591 of 2005, the land value in the present case is also liable to be re-fixed at `65,000/- per are. accordingly this l.a.a. is allowed in part and the land value is re-fixed at `65,000/- per are. the claimants would be entitled to all the statutory benefits. sd/ k.t. sankaran, (judge) sd/ m. l. joseph francis, (judge) dl/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 LA.App..No. 508 of 2005 ( ) --------------------------- LAR.274/1999 of ADDL.SUB COURT,N.PARAVUR APPELLANT/1ST RESPONDENT:: ---------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER, SMT. ROSE MICHAEL RESPONDENTS/CLAIMANTS & ADDL.2ND RESPONDENT:: ----------------------------------------------- 1. SARADAMMA, D/O. KARTHIYANI PILLAI, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

2. VIMAL KUMAR, S/O. SARADAMMA, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

3. VIJAYAMMA, D/O. SARADAMMA, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

4. GIRIJA, D/O. SARADAMMA, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

5. SAJEEV KUMAR, S/O. VIJAYAMMA, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

6. RAJEEV KUMAR, S/O. VIJAYAMMA, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

7. VIDYA, D/O. VIJAYAMMA, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

8. VIJAYAKUMAR, S/O. SUBRAMANIA PILLAI, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

9. SURESH BABU, S/O. SUBRAMANIA PILLAI, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

10. SANTHOSH KUMAR, S/O.SUBRAMANIA PILLAI, SARADA MANDIRAM, AMMAZHATHU PUTHENVEETTIL, KOOVAPPADY.

11. KOCHI INTERNATIONAL AIRPORT SOCIETY, REP. BY ITS MANAGING DIRECTOR, NEDUMBASSERY, ANGAMALY. R,R11 BY ADV. SRI.N.N.SUGUNAPALAN, SC, KIAS LTD. R,R11 BY ADV. SRI.S.SUJIN R,R10 BY ADV. SRI.N.K.KARNIS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20-12- 2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No.508 of 2005 B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2012 JUDGMENT K.T. Sankaran J., An extent of 22.70 Ares of land in Survey No.372/6 of Koovappady village belonging to the respondents 1 to 10 was acquired for the purpose of establishing Outer Marker Signal Station for Kochi International Airport. Notification under Section 4(1) of the Land Acquisition Act was published on 6.6.1998. The Land Acquisition Officer awarded compensation fixing the land value at `28,500/- per are. On reference, the Land Acquisition Court, in L.A.R. No.274 of 1999, re-fixed the land value at `74,100/-per Are. L.A.R. No.274 of 1999 was tried and disposed of along with L.A.R No.282 of 1999 by a common judgment dated 12.11.2003. The State filed L.A.A. No.591 of 2005 against the L.A.A. No.508 of 2005 :2: judgment and decree in L.A.R. No.282 of 1999. A Division Bench of this Court in the judgment dated 25.6.2012in L.A.A. No.591 of 2005 re-fixed the land value at `65,000/- per Are.

2. Following the judgment in L.A.A. No.591 of 2005, the land value in the present case is also liable to be re-fixed at `65,000/- per Are. Accordingly this L.A.A. is allowed in part and the land value is re-fixed at `65,000/- per Are. The claimants would be entitled to all the statutory benefits. Sd/ K.T. SANKARAN, (JUDGE) Sd/ M. L. JOSEPH FRANCIS, (JUDGE) dl/

Same Court & Year Kerala · 2012 Same Parties State of Kerala vs Saradamma Same Subject Land Acquisition Same Judge Honourable Mr.Justice K.T.Sankaran