High Court allowed part of a land acquisition appeal. The Court held the property falls under Category 4 (Rs. 2625 per Are) and approved a 45% enhancement on this value, awarding statutory benefits and interest.
Land valued at Rs. 2625 per Are with 45% enhancement and statutory benefits including interest on solatium.
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
WEDNESDAY, THE 5TH DECEMBER 2007 / 14TH AGRAHAYANA 1929
LA.App..No. 70 of 2003() -----------------------LAR.6/1999 of ADDL.SUB COURT,PARAVUR ....................
APPELLANT: ADDL.2ND RESPONDENT
KOCHI INTERNATINAL AIRPORT SOCIETY REP.BY ITS MANAGING DIRECTOR, ANGAMALY.
BY ADV. SRI.N.N.SUGUNAPALAN
RESPONDENTS: CLAIMANT & 1ST RESPONDENT
BY ADV. SRI.JACOB MATHEW MANALIL SRI.G.G.MANOJ
GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.70 of 2003
Dated this the 5th day of December, 2007
JUDGMENT
Kurian Joseph,J.
This is an appeal filed against the judgment and decree in L.A.R.No.6/1999 on the file of the Addl. Sub Court, North Paravur. There is a dispute regarding categorisation in this case. On the basis of the materials available on record the court has rightly found that the acquired property of the claimants is to be included in category 4. In category 4 the value fixed by the Land Acquisition Officer is Rs.2625/per Are. In L.A.A.NO.412/2001 and several cases this court has held that the enhancement was only at 45% over and above the value fixed by the Land Acquisition Officer. Therefore, this appeal is partly allowed holding that the land value fixed by the Land Acquisition Officer shall be Rs.2625/- per Are and that the claimants shall be entitled to enhancement only to the tune of 45% over and above the land value fixed by the Land Acquisition Officer. The claimants shall also be entitled to all statutory benefits including interest on solatium.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------
L.A.A.No.70 of 2003
JUDGMENT
5th December, 2007
1 issue framed by the court
Whether the acquired land should be categorized and valued at 45% enhancement over the Land Acquisition Officer's fixed rate of Rs.2625 per Are.
1 provisions across 1 enactments
Kochi International Airport Society
Devassykutty S/o. Kuriyan Poulao Padayattil
State of Kerala
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
