The court dismissed an appeal and a delay petition filed by the State Collector against a reference court order fixing land value for acquisition. The court upheld the reasonableness of the fixation and cited the 616-day delay as grounds for dismissal.
Discharge of delay petition and dismissal of the Land Acquisition Appeal.
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 K.T.SANKARAN WEDNESDAY, THE 7TH FEBRUARY 2007 / 18TH MAGHA 1928 LA.App..No. 93 of 2007() -----------------------LAR.52/2002 of SUB COURT,THODUPUZHA ....................
APPELLANT: RESPONDENT
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI.
BY GOVERNMENT PLEADER SRI.MANOJ.
RESPONDENTS: CLAIMANTS
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
C.M.Appln.No.130/07 and L.A.A.No. 93 of 2007
Dated 7th February, 2007. J U D G M E N T
Kurian Joseph, J.
There is a delay of 616 days in filing the appeal against L.A.R.52/02 on the file of the Sub Court, Thodupuzha. It is a common judgment in L.A.R.51 and 52 of 2002. It is brought to our notice that there is no appeal against the said judgment. It is seen from the judgment that the properties covered by both the reference cases remain as contiguous holding of rubber plantation. Still further, it is seen that the Reference Court, after discussing the entire evidence, has made a reasonable fixation. All that apart, no satisfactory explanation is offered for the inordinate delay of 616 days. For all the above reasons, we dismiss the delay petition as well as the appeal.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. NO. OF 2004
J U D G M E N T
Dated 7th February, 2007.
3 issues framed by the court
Whether the land acquisition appeal should be allowed despite inordinate delay.
Whether the Reference Court's valuation was reasonable and required interference.
Whether the delay petition constitutes a ground for dismissing the appeal.
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI
JOSE
THOMAS
GEORGE
KURIAN JOSEPH
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
