The State Of Kerala vs Mary Kuruvilla
2024 Latest Caselaw 29904 Ker

Kerala High Court

The State Of Kerala vs Mary Kuruvilla on 22 October, 2024

Author: Amit Rawal

Bench: Amit Rawal

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                                                     2024:KER:79333


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                  &

             THE HONOURABLE MR. JUSTICE EASWARAN S.

 TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                     LA.APP. NO. 16 OF 2017

        AGAINST THE JUDGMENT AND DECREE DATED 27.01.2016 IN

LAR NO.121 OF 2007 OF III ADDITIONAL SUB COURT, ERNAKULAM.

APPELLANT/1ST RESPONDENT IN LAR:

           THE STATE OF KERALA
           REPRESENTED BY SPECIAL TAHSILDAR (LA), KOCHI
           REFINERIES LIMITED, VYTTILA, THRIPPUNITHURA.

           BY SR.GP.- SRI.T.K.SHAJAHAN
RESPONDENTS/CLAIMANT & ADDL.2ND RESPONDENT IN LAR:

    1      MARY KURUVILLA
           W/O.C.V.KURUVILLA, CHUNDUNGAL HOUSE, HIGH COURT
           ROAD, ERNAKULAM, PIN-682031.

    2      THE CHIEF EXECUTIVE OFFICER
           INFO PARK, KUSUMAGIRI, KAKKANAD, PIN -682030.

           BY ADVS.
           SRI.K.J.KURIACHAN FOR R1
           SRI.K.A.ABDUL SALAM FOR R2


THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
22.10.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
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LA.App.No.16/2017




                                                        2024:KER:79333



                  AMIT RAWAL & EASWARAN S., JJ.
         ---------------------------------------------------------
                         LA.App.No.16 of 2017
          -----------------------------------------------------------
              Dated this the 22nd day of October, 2024

                              JUDGMENT

Amit Rawal, J.

The State has filed an appeal against the judgment and decree

of the Reference Court dated 27.01.2016 in LAR No.121/2007 in

respect of acquisition of land meant for Infopark pertaining to

notification dated 18.11.2003.

2. It has been brought to our notice that the Land

Acquisition Officer awarded the compensation at the rate of

Rs.5,900/- per Are, whereas the Reference Court has enhanced the

value up to Rs.27,304/- per Are in respect of Category No.8 and

Rs.33,560/- for Category No.11, relying upon the judgment in LAR

Nos.129/2008 and 40/2009.

3. Against the judgment of LAR No.129/2008, land owners

had approached this Court in LA.Appl.No.313/2013 for seeking

enhancement whereas, State filed LA.Appl.No.368/2013 against LAR

2024:KER:79333

No.40/2009. This Court by common judgment dated 01.02.2023

dismissed both the appeals

4. In this view of the matter, the appeal filed by the State is

liable to be dismissed. Ordered accordingly.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

EASWARAN S., JUDGE

ACR