The High Court dismissed the land acquisition appeal filed by the State challenging the Sub Court's award fixing the market value at Rs.20,000 per cent. The court held the valuation was reasonable based on potentiality and previous transactions.
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 14TH NOVEMBER 2007 / 23RD KARTHIKA 1929
LA.App..No. 260 of 2003(D)
------------------------LAR.556/1999 of PRL.SUB COURT, KOZHIKODE
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SRI K.V.MANOJ SRI.RAJAN JOSEPH, ADDL.A.G.
RESPONDENT: CLAIMANT
C.E.SREEDHARAN, S/O. LATE RAMANKUTTY, KODOLL HOUSE, KUNNAMANGALAM POST.
BY ADV. SRI.K.A.SALIL NARAYANAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
I.A. 3334/2005 IN LAA 260/2003
DISMISSED
14.11.2007.
ID/- KURIAN JOSEPH, JUDGE ID/- HARUN-UL-RASHID, JUDGE.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
-----------------------------------------------------------------L.A.A. 260 of 2003-D -----------------------------------------------------------------Dated: November 14, 2007 JUDGMENT
Kurian Joseph, J.
This appeal is filed against the judgment and decree in LAR 556/1999 on the file of the Sub Court, Kozhikode. The acquisition is for the purpose of CEDT, Chathamangalam. The sec.4(1) notification was published on 26.4.1997. The award was passed on 27.11.1998. The land acquisition officer fixed the market value of the land at Rs.6874/- per cent. The reference court fixed the market value at Rs.20,000/- per cent. Aggrieved, the appeal.
LAA 260/2003
Page numbers
transaction, which is admittedly of a property of lesser importance, land value has been given at Rs.14750/- per cent. That property was lying 7 ft. below the road level. Taking note of the potentiality of the acquired land and in view of the earlier transactions near the acquired property, the reference court fixed the land value at Rs.20,000/- per cent which, in our view, is a just, proper and reasonable fixation of market value. There is no justification in totally discarding the evidence of AW.2 and the advocate commissioner. AW.2 has stated that Ext.A4 transaction is in the normal circumstances. It is also seen that this court has already dismissed the appeals arising out of Ext.A6 common judgment by the judgment in LAA Nos.878/2001, 1042/2001 and 339/2005. For all the above reasons we do not find any merit in this appeal. It is accordingly dismissed.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID JUDGE.
mt/-
LAA 260/2003
Page numbers
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. No.260/2003
JUDGMENT
14.11.2007
2 issues framed by the court
Whether the land value fixation of Rs.20,000/- per cent is just, proper and reasonable.
Whether the evidence of AW.2 and advocate commissioner ought to have been totally discarded.
2 provisions across 2 enactments
STATE OF KERALA
C.E.SREEDHARAN
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
