State appealed fixation of land value by Reference Court for bridge construction. This Court upheld valuation based on advocate commissioner's report rejecting respondents' evidence. Ordered interest on solatium subject to dismissal of appeals.
Claimants to be granted interest on solatium; appeals dismissed.
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
MONDAY, THE 22ND OCTOBER 2007 / 30TH ASWINA 1929
LA.App..No. 942 of 2000(A) -------------------------------LAR.274/1997 of PRL.SUB COURT, KOZHIKODE
APPELLANT: RESPONDENT
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STATE OF KERALA
BY GOVERNMENT PLEADER SMT.K.R.DEEPA ADVOCATE GENERAL
RESPONDENT: CLAIMANT
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T./P.ABOOBAKER, THAMARASSERY, PARAYIL, PALLALUR P.O. R.E.C., CHATHAMANGALAM, KOZHIKODE.
BY ADV. SRI.THOMAS ANTONY SRI.K.M.JAMALUDHEEN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2007, LAA. NO.1106/2000 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA. NO.942/2000
ORDER ON CMP. NO.462/2001 IN LAA. 942/2000
DISMISSED
22.10.2007
SD/- KURIAN JOSEPH, JUDGE
SD/- HARUN-UL-RASHID
/TRUE COPY/
P.S. TO JUDGE
tss
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
-----------------------------------------------------------------L.A.A.Nos.942, 1106 & 1417 of 2000 878, 881 & 1042 of 2001 252 of 2003. -----------------------------------------------------------------Dated: October 22, 2007 JUDGMENT
Kurian Joseph, J.
These are appeals filed by the State aggrieved by the fixation of land value at the rate of Rs.25,000/- per cent for garden land and Rs.12,000/- for wet land by the Reference Court - Sub Court, Kozhikode. The acquisition is for the construction of a bridge and approach road at Kurungottukadavu. It is brought to our notice that there are no appeals against some of the cases covered by the common judgment - LAR Nos.257, 295, 304 of 1997 etc. That apart, it is seen that the fixation made by the Reference Court is on the basis of the evidence available on record. There is no evidence for the respondents. The advocate commissioner who inspected the property with the assistance of an expert engineer, reported that the value would be around Rs.29,000/- per cent. The advocate commissioner reported that the acquired property is in a pucca residential area. There are four private hospitals, police station, RTO office, two schools, petrol pump etc. within 1.5 kms. of the acquired land. In view of the importance of the locality only, fixation at the rate of Rs.25,000/- for garden land and Rs.12,000/- for wet land was made by the Reference Court. In view of the finality obtained in the value of the property, as there are no appeals in some of the connected cases and on
L.A.A.Nos.942, 1106 & 1417 of 2000 878, 881 & 1042 of 2001 252 of 2003.
Page numbers
merits also we are of the view that the fixation made by the court below is just and proper.
Subject to the above clarifications, these appeals are dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID JUDGE.
mt/-
L.A.A.Nos.942, 1106 & 1417 of 2000 878, 881 & 1042 of 2001 252 of 2003.
Page numbers
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.Nos.942, 1106 & 1417 of 2000 878, 881 & 1042 of 2001 252 of 2003.
JUDGMENT
22.10.2007
2 issues framed by the court
Whether the fixation of land compensation by the Reference Court was proper despite appeals in connected cases.
Whether claimants are entitled to interest on solatium.
State of Kerala
Claimant
Kurien Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
