The High Court of Kerala dismissed Land Acquisition Appeals filed by the State and the Requisitioning Authority. The Court held that after remand and subsequent hearings, the land value fixed by the reference court attained finality, rendering the pending appeals without survival.
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
TUESDAY, THE 4TH DECEMBER 2007 / 13TH AGRAHAYANA 1929
LA.App..No. 572 of 2004()
------------------------LAR.128/2002 of SUB COURT, CHERTHALA
APPELLANT: APPELLANT/RESPONDENT.
STATE OF KERALA.
BY GOVERNMENT PLEADER SRI.K.V. MANOJ KUMAR
RESPONDENTS: CLAIMANTS & 2 RESPONDNET.
BY ADV. SRI.J.OM PRAKASH-R1
SRI.V.PHILIP MATHEW-R3
SRI.G.S.REGHUNATH-R4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2007, ALONG WITH LAA NO. 705 OF 2004 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID,JJ.
L.A.A. NOS. 572, 705,764, 795, 853, 945 & 992 OF 2004, 110, , 251, 331, 454, 531, 534, 651, 774, 775, 798, 831, 947, 995, 1022, 1124, 1183, 1231, 1232, 1304, 1321, 1431, & 1437 OF 2005, 71, 72, 450 & 513 OF 2006 &1637 OF 2007
Dated this the 4th day of December, 2007
JUDGMENT
Kurian Joseph, J.
These appeals are filed by the State and the Requisitioning Authority, namely, the Kerala State Industrial Development Corporation. Learned counsel for the claimants submits that the land value fixed has attained finality and yet the claimants are not permitted to withdraw the amounts on account of the pendency of the appeals. The claimants, therefore, pray that the appeals may be disposed of.
LAA NO.572/04 & CON.CASES
2
Hence, the appeals are dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
LAA NO.572/04 & CON.CASES
3
KURIAN JOSEPH & HAURN-UL-RASHID, JJ.
L.A.A. NOS. 572, 705,764, 795, 853, 945 & 992 OF2004, 110, , 251, 331, 454, 531, 534, 651, 774, 775, 798, 831, 947, 995, 1022, 1124, 1183, 1231, 1232, 1304, 1321, 1431, & 1437 OF 2005, 71, 72, 450 &513 OF 2006 &1637 OF
2007
JUDGMENT 4TH DECEMBER, 2007
1 issue framed by the court
Whether appeals regarding the fixation of land value should be dismissed since the matter has attained finality.
Colour shows how this judgement treated each authority
K.S.I.D.C. v. Naniamma Lakshmikutty AmmaReferred¶31
K.S.I.D.C. v. Naniamma Lakshmikutty Amma, 2007(3)K.L.T. 194
State of Kerala
Kerala State Industrial Development Corporation
Parameswara Panicker
Manager, Federal Bank
S. Bindu
Managing Director, K.S.I.D.C
KuriAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
