Dismissed

State of Kerala v. Lainakkalillath Abdul Rahiman

Kerala HC5 Dec 2007LA.App./411/2006

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an appeal against the Sub Court's award in a Land Acquisition case regarding the Bakel Tourism Project. The court upheld the reference court's valuation of Rs.3,000 per cent, deeming it just and reasonable compared to the lower claim by the Acquisition Officer.

What did the court decide?

The appeal filed by the State against the enhanced compensation award was dismissed.

State of Kerala Vs Lainakkalillath Abdul Rahiman — 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 & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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WEDNESDAY, THE 5TH DECEMBER 2007 / 14TH AGRAHAYANA 1929

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LA.App..No. 411 of 2006() ------------------------(LAR 232/99 OF THE SUB COURT, HOSDURG). APPELLANT: RESPONDENT: ----------------------

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STATE OF KERALA, REP. BY THE R.D.O., KASARAGOD.

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BY GOVERNMENT PLEADER SMT.K.R.DEEPA.

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RESPONDENTS: RESPONDENTS/CLAIMANTS:

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LAINAKKALILLATH ABDUL RAHIMAN, S/O. ALI MOIDEEN, MUNAYAM KODA, CHITTARI VILLAGE.

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SARADA, LEGAL HEIRS OF LATE PURUSHAYYA, W/O. D.SRINIVASA RAO, MALLIGEMADU.

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B.P. ROSHAN, S/O. B.PADMANABHA, MALIGEMADU, CHITTARI VILLAGE.

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MANAGING DIRECTOR, B.R.D.C., THIRUVANANTHAPURAM.

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GOWRI BAI, W/O.PURUSHOTHAMAN (RETIRED TEACHER), RESIDING AT MAPPURE, RAMDAS NAGAR, MADHUR VILLAGE.

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AHALYA, C/O. B.HARISCHANDRA, RESIDING AT BALEGADDE HOUSE, KEKAN VILLAGE OF HOSDURG TALUK.

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SUNANDA, C/O. B.HARISCHANDRA, RESIDING AT BALEGGADE HOUSE, KEEKAN VILLAGE, HOSDURG TALUK.

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BY ADV. SRI.K.RAJEEVAN SRI.KODOTH SREEDHARAN SRI.AJEESH S.BRITE

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A.No.411 of 2006

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Dated this the 5^th day of December, 2007

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JUDGMENT

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Kurian Joseph,J.

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This appeal is filed against the judgment and decree in L.A.R.No.232/1999 on the file of the Sub Court, Hosdurg. The acquisition is for the purpose of Bakel Tourism Project. The Land Acquisition Officer fixed the land value at Rs.1,540/- per cent on the basis that it is a water logged paddy land wherein one crop cultivation alone is possible. On the basis of Ext.X1 Commission Report it has been noted that the acquired property is a three crop paddy field and it is situated near Chittari river where the property is highly fertile. It has also come out in evidence that the acquired propertyis situated ½ km. away from the public road whereas the property covered by the basic document executed in 1996 is situated far away. In the instant case the Section 4(1) notification is in 1998. Taking into consideration the

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fact that it is a three crop wet land the reference court has granted a reasonable enhancement by fixing the land value at Rs.3,000/- per cent.

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L.A.A. NO.411/2006

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-:2:-

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Having regard to the finding of fact as to the nature and lie of the land we are of the view that the land value fixed by the reference court is just, fair, proper and reasonable. Thus there is no merit in the appeal. It is accordingly dismissed.

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(KURIAN JOSEPH, JUDGE)

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(HARUN-UL-RASHID, JUDGE)

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ahg.

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A.No.411 of 2006

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JUDGMENT

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5^th December, 2007

State of Kerala v. Lainakkalillath Abdul Rahiman

Case brief

What is this about?

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State of Kerala v. Lainakkalillath Abdul Rahiman

Case brief

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