LAWS(KER)-2012-6-88

JOHN JACOB EAPEN Vs. STATE OF KERALA

Decided On June 08, 2012
JOHN JACOB EAPEN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PIUS C. Kuriakose, J The claimant is the appellant. His property in the Pattom Village was acquired by the Government at the instance of TRIDA for the purpose of widening of Pattom - Medical College Road. The acquisition was pursuant to Section 4(1) notification published on 24/12/04. The Land Acquisition Officer awarded land value at the rate of Rs.

(2.) ,39,248/- per Are. The Reference Court relying on Exts.A1 to A3 would re-fix land value at Rs. 22 lakhs per Are. According to the appellant the land value re-fixed by the Reference Court is inadequate. 2. We have heard the submissions of Sri.J.Harikumar, the learned counsel for the appellant and those of Sri.S.Jamal, the learned Senior Government Pleader. Heard Standing Counsel for the TRIDA also.

(3.) THE appeal is allowed. THE appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23 (1A) and under Section 28 of the Land Acquisition Act. Parties will suffer their respective costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted.