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High Court of KeralaRP/881/2013dismissed

State Of Kerala v. A. Yamina Pasha

2015-02-12Honourable Mr. Justice A.V.Ramakrishna Pillai,Honourable Mr.Justice Antony Dominic3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 RP No. 881 of 2013 () IN LAA NO.272/2012 ------------------------------------------- AGAINST THE JUDGMENT IN LAA NO. 272/2012 OF THE HIGH COURT OF KERALA DATED 26-07-2012 REVIEW PETITIONERS/RESPONDENTS/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KASARAGOD.

2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KASARAGODU.

3. THE DISTRICT COLLECTOR, KASARAGOD.

BY SENIOR GOVERNMENT PLEADER SRI.S.JAMAL RESPONDENT/APPELLANT/CLAIMANT:

------------------------------ A. YAMINA PASHA W/O MOHAMMED PASHA, KAPIL, PALLIKKARA P.O.

BEKAL, KASARGOD DISTRICT-671318.

BY ADV. SRI.K.V.SOHAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12-02-2015 ALONG WITH RP NO.971/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BKA/-

ANTONY DOMINIC & A.V. RAMAKRISHNA PILLAI, JJ.

-------------------------------------------------- RP No. 881 of 2013 in LAA No. 272 of 2012 & RP No. 971 of 2013 in LAA No. 271 of 2012 -------------------------------------------------- Dated this the 12th day of February, 2015

O R D E R

Antony Dominic, J.

These review petitions are filed seeking review of the judgment of this Court in LAA Nos.271/2012 and 272/2012.

2.

The contention raised by the learned Government Pleader is that this Court has fixed 2,50,000/- per cent on the erroneous assumption that the ₹ Land Acquisition Officer had awarded 94,645/- per cent. ₹ However, from the judgment under review, we notice that the enhancement ordered by this Court was placing reliance on Ext.A2 document and not on the amounts awarded by the Land Acquisition Officer. In such circumstances, since the enhancement of compensation

RP Nos. 881/2013 & 971/2013 ..2..

was on an independent assessment of the compensation due to the claimant, we are not satisfied that any error has been committed by this Court justifying the review. Therefore, the review petitions are dismissed. Sd/- ANTONY DOMINIC JUDGE Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/- //True copy// PA to Judge