Dismissed

State of Kerala v. Anandan

Kerala HC6 Nov 2007LA.App./675/2004

Case brief

AI extract

What is this about?

In this land acquisition appeal concerning 1.89 acres for railway line doubling, the High Court affirmed the reference court's valuation of Rs.21,072 per acre (including enhancement). The court rejected the appellant's reliance on a transaction involving wetland, noting the acquired land was dry, and dismissed the appeal as having no merit.

What did the court decide?

The land acquisition appeal filed by the State of Kerala is dismissed.

State of Kerala Vs Anandan — 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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TUESDAY, THE 6TH NOVEMBER 2007 / 15TH KARTHIKA 1929

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LA.App..No. 675 of 2004()

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------------------------LAR.56/1994 of ADDL.SUB COURT,KOLLAM

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APPELLANT: RESPONDENT.

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STATE OF KERALA.

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BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN

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RESPONDENTS: CLAIMANT.

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---------------------ANANDAN, S/O.VELUTHAKUNJU, THURAYIL VADAKKETHIL, VENGARA, KALLALIBHAGAM.

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BY ADDL.ADVOCATE GENERAL SRI.SIRAJ KAROLY

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2007, 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.675 of 2004

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Dated this the 6^th day of November, 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.56/1994 on the file of the Sub Court, Kollam. The acquisition is for the purpose of doubling railway line. The extent involved is only 1.89 Ares. The Land Acquisition Officer fixed land value at Rs.5,178/- per Are. The reference court gave a further enhancement to the tune of Rs.15,894/- per Are. Though the claimants heavily relied on Ext.A3, the reference court found that Ext.A3 pertains to the transaction involving only 1 cent and hence appropriate deduction is to be made. Accordinglye 1/4^th of the value of Ext.A3 property has been taken. The total enhancement in the process comes to only around Rs.30,000/-. On the basis of the evidence available on record it cannot be said that the fixation thus made by the reference court is unjust or unreasonable, particularly in view of the fact that the basic land is situated 1 km. away from the acquired property and that it has

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L.A.A. NO.675/2004

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-:2:-

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come out in evidence that it is a watter logged area, whereas the acquired property is dry land. Therefore, 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.675 of 2004

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JUDGMENT

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6^th November, 2007

State of Kerala v. Anandan

Case brief

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State of Kerala v. Anandan

Case brief

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