Kerala High Court
State Of Kerala vs Nalupurappattil Nabeesa on 20 September, 2007
Author: Kurian Joseph
Bench: Kurian Joseph, Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 917 of 2003(D)
1. STATE OF KERALA.
... Petitioner
Vs
1. NALUPURAPPATTIL NABEESA,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.SERGI JOSEPH THOMAS
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :20/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO.917 OF 2003
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Dated 20th September, 2007.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and decree in L.A.R.12/2000 on the file of the Sub Court, Payyannur. The acquisition is for the purpose of construction of Ettikulam High School-7th Gate of Naval Academy road. Section 4(1) notification was issued on 15.7.1998.
2. We have heard learned Government Pleader for the appellant and the learned counsel appearing for the respondents. Though several contentions are taken in the appeal, learned Government Pleader mainly contended on the error committed by the reference court regarding the multiplier. Since capitalization method has been adopted for deciding the compensation, multiplier has to be properly fixed. The reference court has taken 16 as the multiplier. Even going by the decision of the Supreme Court in Asst.Commissioner-cum-Land Acquisition Officer, Bellary v. S.T.Pompanna Setty (2005(9) SCC 662), the multiplier is to be taken as 10. Therefore, we partly modify the judgment and decree and hold that as far as computation is LAA NO.917/03 2 concerned, the multiplier shall only be 10 in the place of 16 applied by the reference court. The appeal is partly allowed as above, without disturbing the fixation or benefits on any other counts.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ
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L.A.A. NO.917 OF 2003
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J U D G M E N T Dated 20th September, 2007.