NANATH KURUVAYIL MOIDEEN Vs. DISTRICT OLLECTOR MALAPPURAM

JUDGEMENT

(1.) THE claimant is the appellant. The property under acquisition was in Panakkad Village of Malappuram District. The acquisition pursuant to Section 4 (1) notification published on 14/9/1995 was for the purpose of establishment of Industrial Growth Centre at Panakkad. The Land Acquisition Officer awarded land value at the rate of Rs.2739/- per cent. The Reference Court did not award any enhancement but would only confirm the award of the Land Acquisition Oficer.

(2.) IN this appeal various grounds are raised and the learned counsel for the appellant would draw our attention to the judgment of this court in LAA No.252/2005 and connected matters. It was submitted that under that judgment for property in the same village acquired for the same purpose for which the LAO awarded value at the rate of Rs.2311/- per cent, this court enhanced the value to Rs.4,000/- per cent. The learned counsel for the appellant submitted that in this appeal the claim is limited to Rs.3739/- per cent and it was requested that the appeal be allowed and the market value be refixed at Rs.3739/- per cent.

(3.) THE appeal will stand allowed. The appellant becomes entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act subject to the conditions if any this court has imposed while condoning the delay in the matter of filing the appeal. Parties are directed to suffer their respective costs in this appeal. Decree copy will be issued to the appellant only after ensuring that the appellant has remitted full court fee payable on the appeal memorandum.