Dismissed

State of Kerala v. Iyyoyil Balan

Kerala HC13 Feb 2007LA.App./1907/2002

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an appeal against a land acquisition reference judgment. Upholding the lower court's valuation of Rs. 45,000 per cent, the court found the assessment based on proper evidence and lacking contradictory proof from the appellant regarding road access disadvantages.

What did the court decide?

The appeal against the reference judgment was dismissed; compensation remains fixed at Rs. 45,000 per cent.

State of Kerala Vs Iyyoyil Balan — 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 K.T.SANKARAN

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TUESDAY, THE 13TH FEBRUARY 2007 / 24TH MAGHA 1928

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LA.App..No. 1907 of 2002()

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-------------------------LAR.416/1999 of PRL.SUB COURT, KOZHIKODE

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APPELLANT: RESPONDENT:

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STATE OF KERALA.

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BY GOVERNMENT PLEADER SRI.MANOJ.

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RESPONDENTS: CLAIMANTS:

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IYYOYIL BALAN, P.O. EAST HILL, KACHERI AMSOM, KOZHIKODE.

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IYYOYIL BHARATHAN, P.O. EAST HILL, KACHERI AMSOM, KOZHIKODE.

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IYYOYIL DEVI, P.O. EAST HILL, KACHERI AMSOM, KOZHIKODE.

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IYYOYIL HARIDASAN, P.O. EAST HILL, KACHERI AMSOM, KOZHIKODE.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON ON 13/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ORDER ON C.M.P.NO.7290/02 IN LAA NO.1907/02

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DISMISSED.

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13.2.2007. SD/- KURIAN JOSEPH, JUDGE. SD/- K.T.SANKARAN, JUDGE.

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KURIAN JOSEPH & K.T.SANKARAN, JJ.

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L.A.A.No.1907 of 2002

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Dated 13^th February, 2007.

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J U D G M E N T

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Kurian Joseph, J.

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This appeal is filed against the judgment and decree in L.A.R.416/99 on the file of the Sub Court, Kozhikode. The

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acquisition is for the purpose of widening of East HillGanapathikavu road. Section 4(1) notification was published on 26.12.1995. The Land Acquisition Officer fixed the land value at the rate of Rs.10,113/- per cent. The reference court, based on Ext.C1 commission report and Ext.C2 sketch found that the document relied on by the Land Acquisition Officer was not similar to the property acquired. That had road access only through a cut road. It was also found that the acquired property was situated in an important locality having road access. The Advocate Commissioner reported that the property covered by Ext.A1 document executed on 14.12.1995 was similar to the acquired property. The reference court noted that the property covered by Ext.A1 is 46.41 cents and the sale consideration Rs.26 lakhs, which would show that the value per cent is Rs.60,299/-. However, taking note of the additional advantages

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LAA NO.1907/02 2

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to Ext.A1 property like compound wall etc., reasonable deductions were made and the land value was fixed at Rs.45,000/- per cent. The fixation thus being based on proper evidence and there being no evidence on the part of the appellant to upset that evidence, we hold that the value fixed by the reference court is just, proper and reasonable. Therefore, this appeal is dismissed.

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KURIAN JOSEPH, JUDGE.

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K.T.SANKARAN, JUDGE.

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tgs

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KURIAN JOSEPH & K.T.SANKARAN, JJ

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L.A.A. NO. OF 2004

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J U D G M E N T

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Dated 13^th February, 2007.

State of Kerala v. Iyyoyil Balan

Case brief

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State of Kerala v. Iyyoyil Balan

Case brief

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