LAWS(KER)-2016-6-112

ALI AKBAR Vs. STATE OF KERALA

Decided On June 17, 2016
ALI AKBAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) L.A.A.No.707/2012 filed by the claimant and Cross Objection No.67/2015 filed by the State arising out of the judgment and decree of the Addl. Sub Court North Paravur (hereinafter referred to as 'the reference court') dated 17.7.2012 in L.A.R.No.4/2011; L.A.A.No.727/2012 filed by the claimant and Cross Objection No.58/2015 filed by the State arising out of the judgment and decree of that court dated 19.7.2012 in L.A.R.No.6/2011; L.A.A.No.550/2013 filed by the claimant and L.A.A.No.652/2013 by the State arising out of the judgment and decree of that court dated 30.1.2013 in L.A.R.No.5/2011; L.A.A.No.820/2012 filed by the State and Cross Objection No.84/2013 filed by the claimant, arising out of the judgment and decree of that court dated 28.2.2012 in L.A.R.No.59/2010; and L.A.A.No.428/2014 filed by the State arising out of the judgment and decree of that court dated 7.2.2012 in L.A.R.No.73/2010, are in respect of the land acquisition proceedings initiated pursuant to a notification dated 31.8.2009 issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for the construction Air Enclave for Indian Coast Guard.

(2.) L.A.A.No.58/2014 filed by the claimant and Cross Objection No.61/2015 filed by the State arising out of the judgment and decree of the reference court dated 26.7.2013 in L.A.R.No.12/2012 is in respect of the land acquisition proceedings initiated pursuant to a notification dated 2.8.2011 issued under Section 4(1) of the Act, for the construction of road by the Kerala Public Works Department, in the periphery of the land acquired for the construction of Air Enclave for Indian Coast Guard.

(3.) Since the basis for enhancement of land value by the reference court in L.A.R.Nos.4/2011, 6/2011, 5/2011 and 73/2010 is either the judgment of a Division Bench of this Court dated 4.4.2012 in L.A.A.No.762/2011, arising out of the judgment and decree of the reference court in L.A.R.No.60/2010 or Document No.3860/07 of SRO Sreemoolanagaram, dated 5.9.2007 relied on in that judgment for re -fixation of land value, we propose to deal with all these appeals and cross objections by a common judgment.