Two judges of the High Court of Kerala dismissed land acquisition appeals against reference court valuations by parity of reasons with previously dismissed cases, holding the enhancement claims were not merit-worthy.
Appeals dismissed; valuations by reference court upheld.
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 K.T.SANKARAN
THURSDAY, THE 8TH FEBRUARY 2007 / 19TH MAGHA 1928
LA.App..No. 613 of 2005() ------------------------LAR.101/2001 of PRL.SUB COURT, KOZHIKODE ....................
APPELLANT: RESPONDENT
THE STATE OF KERALA.
BY GOVERNMENT PLEADER SMT.K.R.DEEPA
RESPONDENTS: CLAIMANT
BY ADV. SRI.THOMAS ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2007, ALONG WITH LAA 302/05 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
L.A.A.Nos.613, 302, 803, 741, 364, 223, 130, 930, 992,
377, 134, and 395 of 2005
Dated 8th February, 2007.
J U D G M E N T
Kurian Joseph, J.
The issue raised in these appeals pertains to enhancement of land value by the reference court. The acquisition was for the purpose of construction of parallel road to Canoli canal at Kozhikode. The reference court relied on the common judgment in L.A.R.491/99 and connected cases, on the file of the Sub Court, Kozhikode. Appeals filed against those references (L.A.A.Nos.1273 and 1361 of 2005) have been dismissed on merits. For parity of reasons, these appeals are also dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
OP NO.
2
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. NO. OF 2004
J U D G M E N T
Dated 8th February, 2007.
2 issues framed by the court
Whether the appeals on enhancement of land value should be allowed.
Whether parity of reasons with dismissed appeals warrants dismissal of current appeals.
THE STATE OF KERALA
MOHANAN P.
THE SECRETARY, CALICUT CORPORATION
KURIAN JOSEPH
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
