The Kerala High Court dismissed two land acquisition appeals challenging the compensation awarded for land acquisition for widening Elamkulam Ponnurunni Road. The bench held the land values fixed by the court below were reasonable and just.
Both land acquisition appeals were dismissed; claimants entitled to statutory benefits including interest on solatium.
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
WEDNESDAY, THE 28TH NOVEMBER 2007 / 7TH AGRAHAYANA 1929
LA.App..No. 225 of 2004()
------------------------AGAINST THE ORDER DATED 31/05/2003 IN LAR. 148 /1999 IN LAR.149/1999 of III ADDL.SUB COURT, ERNAKULAM
APPELLANT:
STATE OF KERALA
BY GOVERNMENT PLEADER SMT.K.R.DEEPA
RESPONDENTS: CLAIMANTS.
BY ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA SRI.K.C.CHARLES
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2007, ALONG WITH LAA NO.847 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.Nos.225 & 847 of 2004
Dated this the 28th day of November, 2007
JUDGMENT
Harun-Ul-Rashid,J.
Both the appeals arise from the common judgment in L.A.R.Nos.149/1999 and 148/1999 respectively on the file of the Sub Court, Ernakulam.
materials on record the court below fixed the land value at the rate of Rs.1,35,850/- per Are in L.A.R.No.148/1999. The land
L.A.A.Nos.225 & 847 of 2004
-:2:-
value is fixed at Rs.2,17,360 per Are for the acquired property in L.A.R.No.149/1999.
L.A.A.Nos.225 & 847 of 2004
-:3:-
reasonable, fair and just. Therefore, we find no reasons to interfere with the award passed by the court below.
In the result both the appeals are dismissed. It is made clear that the claimants in both cases are entitled to all statutory benefits including interest on solatium.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.Nos.224 & 847 of 2004
JUDGMENT
28th November, 2007
2 issues framed by the court
Whether the land value fixed by the lower court is reasonable, fair and just and warrants interference?
Matter of enhancement of compensation for acquired land?
STATE OF KERALA
L.SIVANANDAN
G.C.D.A
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
