The High Court held that in land acquisition compensation appeals, enhancement is strictly limited to 45% over the Land Acquisition Officer's fixed value. The court also clarified that claimants are entitled to interest on solatium.
Appeals partly allowed; enhancement limited to 45%; interest on solatium granted.
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
TUESDAY, THE 23RD OCTOBER 2007 / 1ST KARTHIKA 1929
LA.App..No. 779 of 2003(D)
-------------------------LAR.29/1999 of PRINCIPAL SUB COURT,PARAVUR
APPELLANT: ADDL.2ND RESPONDENT
KOCHI INTERNATIONAL AIRPORT SOCIETY, ANGAMALY, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV. SRI.N.N.SUGUNAPALAN, SC, KIAS LTD.
RESPONDENTS: CLAIMANT & RESPONDENTS
BY GOVT.PLEADER SMT.K.R.DEEPA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2007, ALONG WITH LAA NO. 816 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.Nos.779, 816, 890, 900 OF 2003,
28, 40, 97 and 107 of 2004
Dated this the 23rd day of October, 2007
JUDGMENT
Kurian Joseph,J.
These are appeals filed by the State aggrieved by the enhancement of compensation in the matter of acquisition for the Kochi International Air Port. It has been held by this court in L.A.A.No.290/2003 that enhancement has to be limited to 45% over and above the value awarded by the Land Acquisition Officer. Therefore, all these appeals are partly allowed. The claimants shall be entitled to have the enhancement only to the tune of 45% over and above the value fixed by the Land Acquisition Officer. Learned counsel for some other respondents submit that in some of the cases they have not been granted interest on solatium. Being a settled position we make it clear that the claimants shall be entitled to interest on solatium.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
--------------------------L.A.A.Nos.779, 816, 890, 900 OF 2003, 28, 40, 97 and 107 of 2004
JUDGMENT
23rd October, 2007
2 issues framed by the court
Whether enhancement in compensation appeals is limited to 45% over the Land Acquisition Officer's valuation.
Whether claimants are entitled to interest on solatium.
Colour shows how this judgement treated each authority
L.A.A.No.290/2003Explained¶1
1 provisions across 1 enactments
STATE OF KERALA
VARGHESE
ANNAM
KOCHI INTERNATIONAL AIRPORT SOCIETY
DISTRICT COLLECTOR
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
