State of Kerala v. Shibah
Case brief
What is this about?
Appeal against Sub Court's judgment in land acquisition compensation case. Court found 45% enhancement (25% under-valuation, 20% time gap) under Section 23 justified and proper.
What did the court decide?
Dismissal of the land acquisition appeal filed against the Sub Court's judgment in L.A.R.No.6/1997.
What the court decided
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. 178 of 2003()
------------------------LAR.6/1997 of PRINCIPAL SUB COURT,ATTINGAL
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SRI.K.V.MANOJ
RESPONDENTS: CLAIMANTS
Issues for consideration
3 issues framed by the court
Whether the enhancement of 45% in market value granted by the reference court was just and proper under Section 23 of the Act.
Whether the split of 25% for under-valuation and 20% for time gap warranted the enhancement.
If the appeal filed against the Sub Court's judgment in L.A.R.No.6/1997 has any merit in view of the valuation.
Parties & counsel
- appellant
STATE OF KERALA
- respondent
SHAHABUDEEN
- respondent
SAID ALI MOHAMMED YOUSEFF
Coram
Case details
As recorded by the court registry
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