Partly allowed

State of Kerala v. Premanath

Kerala HC21 Nov 2007LA.App./1344/2000

Case brief

AI extract

What is this about?

High Court of Kerala disposed of land acquisition appeals and cross-objections regarding Calicut Byepass properties in Thalakalathur. The court dismissed appeals by the State but allowed cross-objections, fixing land value at Rs.18000/- per cent along with statutory benefits and interest on solatium.

What did the court decide?

Appeals dismissed; cross-objections allowed to the extent of fixing land value at Rs.18000/- per cent with all statutory benefits including interest on solatium.

State of Kerala Vs Premanath — 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 & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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WEDNESDAY, THE 21ST NOVEMBER 2007 / 30TH KARTHIKA 1929

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LA.App..No. 1344 of 2000(A) --------------------------------(CROSS OBJECTION)

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LAR. NO.208/1995 OF SUB COURT, KOZHIKODE.

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APPELLANT: RESPONDENT

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---------------

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STATE OF KERALA

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BY GOVERNMENT PLEADER SRI.K.U.MANOJ KUMAR ADDL.ADVOCATE GENERAL

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RESPONDENT: CLAIMANT

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------------------

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PREMANATH, CHERUKUCHI MATTUVAYAL, P.O. THALAKULATHUR, THALAKULATHUR VILLAGE, KOZHIKODE.

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BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

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THIS LAND ACQUISITION APPEAL AND CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 21/11/2007,ALONG WITH LAA. NO.1362/2000 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LAA. NO.1344/2000

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ORDER ON CMP. NO.871/2000 IN LAA. NO.1344/2000

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DISMISSED

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21.11.2007

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SD/- KURIAN JOSEPH, JUDGE

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SD/- HARUN-UL-RASHID, JUDGE

/TRUE COPY/

P.S. TO JUDGE

tss

L.A.A. NO.1344/2000

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ORDER ON CMP. NO.5871/2000 IN LAA. NO.1344/2000

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DISMISSED

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21.11.2007

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SD/- KURIAN JOSEPH, JUDGE

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SD/- HARUN – HL-RASHID, JUDGE

/TRUE COPY/

P.S. TO JUDGE

tss

KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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-----------------------------------------------------------------L.A.A.1344 & 1362 of 2000 -----------------------------------------------------------------Dated: November 21, 2007

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JUDGMENT

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Kurian Joseph, J.

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These appeals are filed by the State. The claimants have also filed cross-objections. The acquisition is for the Calicut Byepass. The notification is of the year 1993. The properties are in Thalakalathur village. In L.A.A 982/2000 and connected cases this court has sustained the land value at Rs.18000/- per cent in respect of 1993 notification in the same village. Therefore the appeals filed by the State are dismissed and the cross-objections are allowed to the extent of holding that the claimants shall be entitled to have the land value re-fixed at Rs.18000/- per cent. They shall also be entitled to all statutory benefits including interest on solatium. The amounts already paid will be duly adjusted.

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KURIAN JOSEPH JUDGE

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HARUN-UL-RASHID JUDGE.

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mt/-

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A.1344 & 1362 of 2000

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JUDGMENT

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21.11.2007

State of Kerala v. Premanath

Case brief

What is this about?

What did the court decide?

State of Kerala v. Premanath

Case brief

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What did the court decide?

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