In this land acquisition appeal, the High Court of Kerala dismissed the appeal filed by the State of Kerala. The court upheld the enhanced compensation fixed by the reference court for land acquired for constructing a 110 KV Sub Station, finding the properties were similarly situated.
The appeal is dismissed, upholding the enhanced land compensation.
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
MONDAY, THE 5TH FEBRUARY 2007 / 16TH MAGHA 1928
LA.App..No. 943 of 2001() ------------------------LAR.13/1991 of PRINCIPAL SUB COURT,ATTINGAL
APPELLANT/RESPONDENT:
----------------------------------STATE OF KERALA.
BY GOVERNMENT PLEADER SMT.K.R.DEEPA.
RESPONDENTS:
------------1.SARASWATHY WARASIAR AMMA, PALEKAVU, WARIAM, PAZHAYA KUNNUMMAL, KILIMANOOR.
2.SANTHAKUMARI WARASIAR AMMA, PALEKAVU, WARIAM, PAZHAYAKUNNUMMAL, KILIMANOOR.
3.VIJAYAKUMARI WARASIAR AMMA, PALEKAVU, WARIAM, PAZHAYA KUNNUMMAL, KILIMANOOR.
4.THE SECRETARY, K.S.E.B., THIRUVANANTHAPURAM.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
L.A.A.No.943 of 2001
---------------------------------------------Dated 5th February, 2007.
J U D G M E N T
Kurian Joseph, J.
This appeal arises from the judgment and decree in L.A.R.13/91 on the file of the Sub Court, Attingal. The acquisition was for the purpose of construction of 110 KV Sub Station by the Kerala State Electricity Board at Kilimanoor. Section 4(1) notification was issued on 3.1.1989 and the award was passed on 31.7.1990. The Land Acquisition Officer fixed the land value at the rate of Rs.5,595/- per Are. The reference court, mainly based on Ext.R4 document fixed the land value at Rs.6,806/- per Are. The contention of the learned Government Pleader is that the properties are not similarly situated. But on the evidence as discussed by the reference court, we find that the properties are similarly situated. There is no appeal against L.A.R.12/91 on the file of the Sub Court, Attingal, which pertains to acquisition of the property covered by
LAA NO.943/01
2
Ext.R4 document. All that apart, there is no appeal by the requisitioning authority. For all the above reasons, we find that the enhancement is just and reasonable. The appeal is dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. NO.943 OF 2001
J U D G M E N T
Dated 5th February, 2007.
2 issues framed by the court
Whether the enhancement of land compensation fixed by the reference court is just and reasonable.
Whether the properties are similarly situated for award purposes.
State of Kerala
Saraswathy Warasiar Amma
Santhakumari Warasiar Amma
Vijayakumari Warasiar Amma
The Secretary, K.S.E.B.
Kurian Joseph
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
