This is a land acquisition appeal filed by the State of Kerala against a compensation fixation order regarding I.O.C. land. The High Court found the awarded enhancement reasonable given the evidence and development potential, dismissing the appeal.
The land acquisition appeal No.642 of 2001 (A) was dismissed. Interim Application No.860/03 was also dismissed.
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
THURSDAY, THE 13TH DECEMBER 2007 / 22ND AGRAHAYANA 1929
LA.App..No. 642 of 2001(A)
-------------------------LAR.136/1997 of III ADDL.SUB COURT, ERNAKULAM ....................
APPELLANT:
STATE OF KERALA.
BY GOVT.PLEADER SRI.K.V.MANOJKUMAR.
RESPONDENTS:
------------1.YOHANNAN, S/O.POULOSE, THEKKAKAVARA, IRUMPANAM.
2.INDIAN OIL CORPORATION LTD., REGD. OFFICE AT G-9, ALIYAVUR JUNG-BANDRA EAST, MUMBAI-51, ITS COCHIN MARKETING TERMINAL AT IRUMPANAM, rep. BY ITS SECRETARY.
BY ADV. SRI.P.SANTHALINGAM SRI.S.SHYAM SRI.T.P.MURALEEDHARAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.642 OF 2001 ---------------------------------------------Dated 13th December, 2007.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and decree in LAR No.136/97 on the file of the Sub Court, Ernakulam.
The acquisition is for the purpose of providing storage and distribution facilities for Indian Oil Corporation at Irimpanam. It is seen that the reference court has granted only nominal enhancement of Rs.7,533/- per Are for the land and 25% for the structure. As far as the valuation of the structure is concerned, since the Land Acquisition Officer has rested on the valuation made by the Public Works Department, the enhancement upto 25% cannot be said to be excessive. It is also seen from the judgment that there is no contra evidence for the respondents. True, the court has rested on the evidence of the claimant. However, taking note of the potential for development of the land, the nominal enhancement at the rate of Rs.7,533/- per Are cannot be said to be excessive. Thus, there is no merit in the
LAA NO.642/01
2
appeal. It is accordingly dismissed. I.A.No.860/03 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH & HARUN-UL-RASHID, JJ
L.A.A. NO.642 OF 2001
J U D G M E N T
Dated 13th December, 2007.
3 issues framed by the court
Whether the nominal enhancement of Rs.7,533 per acre for land and 25% for structure is excessive in view of the evidence and potential development.
Whether the Land Acquisition Officer erred in relying on the valuation made by the Public Works Department for the structure.
Whether the appeal by the State of Kerala has any merit and should be allowed.
STATE OF KERALA
YOHANNAN
INDIAN OIL CORPORATION LTD.
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
