Allowed

Karthiyani v. State of Kerala

Kerala HC13 Dec 2007LA.App./1265/2000

Case brief

AI extract

What is this about?

The Kerala High Court allowed the land acquisition appeal regarding valuation for a 220 KV Sub Station at Brahmapuram. The court fixed the land value at Rs.1,952/- per Are (category 11) and determined the date of Section 4(1) notification.

What did the court decide?

Land value fixed at Rs.1,952/- per Are; date of notification taken as 18.7.1989; appellants entitled to consequential benefits including interest.

Karthiyani Vs State of Kerala — Land Acquisition | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &

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THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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THURSDAY, THE 13TH DECEMBER 2007 / 22ND AGRAHAYANA 1929

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LA.App..No. 1265 of 2000(A)

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--------------------------LAR.211/1995 of PRINCIPAL SUB COURT, NORTH PARAVUR

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APPELLANT:

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1.AYYAPPAN KOCHAYYAN, S/O.AYYAPPAN, MANAYAPPATTU HOUSE, BRAHMAPURAM, PUTHENCRUZ (DIED)

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2.KARTHIYANI, W/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, BRAHMAPURAM, PUTHENCRUZ.

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3.SANKARANKUTTY, S/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, BRAHMAPURAM, PUTHENCRUZ.

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4.ACHUTHAN, S/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, KANINARU KARA, PUTHENCRUZ.

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5.SUBRAMANIAN, S/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, PINARMUNDAKARA, PERINGALA, KUNNATHUNADU VILLAGE.

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6.PARTHAN, S/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, BRAHMAPURAM, PUTHENCRUZ.

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7.SIVADAS, S/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, BRAHMAPURAM, PUTHENCRUZ.

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8.NANDINI, D/O.LATE KOCHAYYAN, MANAYAPPATTU HOUSE, BRAHMAPURAM, PUTHENCRUZ.

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BY ADV. SRI.T.K.KOSHY

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RESPONDENTS:

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------------1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT.SECRETARIAT, TRIVANDRUM.

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2.KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SMT.K.R.DEEPA.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A.No.1265 OF 2000

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Dated 13^th December, 2007.

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J U D G M E N T

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Kurian Joseph, J.

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Government Pleader takes notice.

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This is an appeal directed against the judgment

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and decree in LAR 211/95 on the file of the Sub Court, North Paravur. The acquisition is for the purpose of 220 KV Sub Station at Brahmapuram. It is brought to our notice that in connected matters, this court has sustained the land value at the rate of Rs.1,952/- per Are, for category 11. The property in this case is under category 11. Therefore, this appeal is allowed, holding that the appellants shall be entitled to have the land value fixed at Rs.1,952/- per Are. The amount already deposited shall be duly adjusted. Needless to say that the appellants will be entitled to all the consequential benefits, including interest on solatium. In

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LAA NO.1265/2000

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view of the judgment of this court in LAA 485/97 and connected cases, the date of Section 4(1) notification shall be taken as 18.7.1989, for the purpose of the statutory benefits.

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KURIAN JOSEPH, JUDGE.

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HARUN-UL-RASHID, JUDGE.

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tgs

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ

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L.A.A. NO.1265 OF 2000

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J U D G M E N T

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Dated 13^th December, 2007.

Karthiyani v. State of Kerala

Case brief

What is this about?

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Karthiyani v. State of Kerala

Case brief

What is this about?

What did the court decide?

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