The High Court of Kerala dismissed an appeal against a judgment regarding land acquisition for a national highway. The court noted that previous decisions sustained a 45% compensation enhancement and declined to interfere in the present case.
The appeal against the judgment and decree is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
TUESDAY, THE 13TH NOVEMBER 2007 / 22ND KARTHIKA 1929
LA.App..No. 177 of 2003() ------------------------LAR.551/1998 of PRINCIPAL SUB COURT,PARAVUR ....................
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN
RESPONDENTS: CLAIMANT
--------------------RAJAMMA, D/O.KARTHIANI AMMA, CHETHIYATTU HOUSE, ALANTHINGAL, KAITHARAM.
BY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.177 of 2003
Dated this the 13th day of November, 2007
JUDGMENT
Kurian Joseph,J.
This appeal is filed against the judgment and decree in L.A.R.No.551/1998 on the file of the Sub Court, North Paravur. The acquisition is for the purpose of National Highway. The enhancement is upto 45%. It is brought to our notice that in several cases this court has sustained such enhancement and one such case is L.A.A.No.106/2003. Therefore, this appeal is dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.177 of 2003
JUDGMENT
13th November, 2007
1 issue framed by the court
Whether the enhancement of compensation up to 45% under the amended RLR Act for national highway purpose requires further interference when previous decisions have sustained such enhancement.
Appellant
State of Kerala
Claimant Rajamma
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
