George Joseph and Others vs The State of Kerala and The Managing Director, KSIDC

Pius C. Kuriakose, J.—This appeal pertains to acquisition of land in Pallippuram Village for the purpose of the second respondent KSIDC. As directed by us, Sri. Joby Cyriac learned standing counsel has taken notice on behalf of the second respondent. The prayer in the appeal is that the market value of the property under acquisition be refixed at Rs. 17,297/- per Are, following the approval granted by this Court to the award of land value at the rate of Rs. 17,297/- per Are for identical properties acquired for the same purpose pursuant to the same notification. Sri. Joby Cyriac submits that the appeal can be allowed in full.

Having regard to the above submission, we allow the appeal and refix the market value of land at Rs. 17,297/- per Are. This means that the appellant is awarded a further amount of Rs. 18,000/- over and above what is awarded by the Reference Court. The parties are directed to suffer their respective costs. The appellant will be entitled for all statutory benefits admissible u/s 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Certified copy of the decree will be issued to the appellants only if it is seen that the cost ordered by us in C.M.Appln. No. 1375/2010 in the delay petition is remitted on time and the full court fee is also paid.