LAWS(KER)-2010-8-492

STATE OF KERALA Vs. M. MOHANAN,

Decided On August 16, 2010
STATE OF KERALA Appellant
V/S
M. Mohanan, Respondents

JUDGEMENT

(1.) Service is completed. There is no appearance for the claimants. We find much force in the submission of Smt. R. Bindu, learned Govt. Pleader that the issue raised in this appeal is covered in favour of the Government by judgment of this Court in LAA. No. 867/08. We notice that the above judgment was in respect of an identical property acquired for the same purpose in the same village. Following the decision taken by this Court in LAA. No. 867 of 2008 we re -fix the market value of land under acquisition at Rs. 14 lakhs per Are.

(2.) Appeal is allowed. However, the claimants will be entitled for all statutory benefits on the re -fixed compensation. It is clarified that the statutory interest under Sec. 28 will become admissible to the claimants only from the date of dispossession, i.e., 23 -6 -2005.