This appeal was dismissed. The reference court was upheld in fixing the market value based on a 1989 sale deed. The claimant was further granted entitlement to interest on solatium.
The appeal was dismissed with a modification awarding interest on solatium to the claimant.
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 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929
LA.App..No. 710 of 2001() ------------------------LAR.39/1995 of SUB COURT,KOTTARAKKARA ....................
APPELLANT:
THE STATE OF KERALA.
BY ADVOCATE GENERAL GOVERNMENT PLEADER, SRI K.V.MANOJ KUMAR
RESPONDENTS:
(*) ADDL.RESPONDENTS 2 TO 5 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED FIRST RESPONDENT VIDE ORDER DATED 22/10/2003 IN I.A.NO.1391/2003.
BY ADV. SRI.V.N.ACHUTHA KURUP SRI.M.S. RADHAKRISHNN NAIR SRI.B.S.SWATHY KUMAR SRI.K.HARILAL SRI.P.V. SURESH KUMAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON C.M.P.NO.225/2002 IN L.A.A.No.710/2001
CLOSED.
SD/- KURIAN JOSEPH, JUDGE SD/- HARUN-UL-RASHID, JUDGE
06/12/2007
\TRUE COPY//
KURIAN JOSEPH & HARUN-UL-RASHID, JJ .
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Land Acquisition Appeal No. 710 of 2001-B
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 6th day of December, 2007
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the judgment and decree in L.A.R No.39/1995 on the file of the Sub Court, Kottarakkara. The acquisition is for the Kerala State Civil Supplies Corporation. The Land Acquisition Officer awarded Rs.14,692/per Are. The reference court enhanced it to Rs.48,044/- per Are. It is seen that the claimant had produced Exts.A1 to A17 documents, of which Ext.A17 is the sale deed executed on 23/09/1989. Section 4(1) notification in this case is dated 09/07/1991. The reference court noted that, the vendee in Ext.A17 is a religious institution and hence, there cannot be any dispute with regard to the market value. Since, the document was duly proved and taking note of the further fact of the proximity of the acquired land to the developing area and
L.A.A.No.710/2001
-: 2 :-
potentiality for further development, the reference court fixed land value at the rate of Rs.48,044/- per Are. We are convinced that the fixation of the market value on the basis of the values shown in Ext.A17 sale deed executed in 1989 is only just, fair, proper and reasonable. Therefore, there is no merit in the appeal filed by the State. It is only to be dismissed.
In the cross objection, the claim is with regard to the statutory benefit of interest on solatium. Being a settled position [See the decision reported in Sunder v. Union of India (2001 (3) KLT 489 (SC)], we hold that the claimant is entitled to interest on solatium also. Subject to the above modification in the judgment and decree, this appeal is dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ms
2 issues framed by the court
Whether the reference court had the power to fix land value based on the sale deed of 1989?
Whether the claimant is entitled to interest on solatium?
Colour shows how this judgement treated each authority
Sunder v. Union of IndiaRelied on¶34
Sunder v. Union of India (2001 (3) KLT 489 (SC)
The State of Kerala
K.G.Chandrasekhara Pillai
V.Vijayamma
C.Sureshkumar
C.Pradeep Kumar
C.V.Preetha
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
