The High Court dismissed a land acquisition appeal and an associated delay petition. The bench noted a delay of 272 days and an enhancement of only Rs.5,015 for 0.15 cents, finding no satisfactory explanation for the delay.
The appeal and the delay petition were 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 K.T.SANKARAN THURSDAY, THE 1ST FEBRUARY 2007 / 12TH MAGHA 1928 LA.App..No. 976 of 2005(D) -------------------------LAR.107/2001 of PRL.SUB COURT, KOZHIKODE ....................
APPELLANT: RESPONDENT:
THE SPECIAL TAHSILDAR, LAND ACQUISITION, KOZHIKODE.
BY GOVERNMENT PLEADER SRI.MANOJ.
RESPONDENTS: CLAIMANTS & 2ND RESPONDENT:
BY ADV. SRI.THOMAS ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
C.M.Appln.No.1365/05 & L.A.A.No. 976 of 2005
Dated 1st February, 2007.
J U D G M E N T
Kurian Joseph, J.
There is a delay of 272 days in filing the appeal. On merits, it is seen that the extent involved is 0.15 cents and the enhancement is only to the tune of Rs.5,015/- with statutory benefits. We do not also find any satisfactory explanation for the delay. Therefore, we dismiss the delay petition as well as the appeal.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
W.P.(C) NO. OF 2004
J U D G M E N T
Dated 1st February, 2007.
OP NO. 3
1 issue framed by the court
Whether the land acquisition appeal, filed with a delay of 272 days and lacking satisfactory explanation, should be allowed or dismissed.
THE SPECIAL TAHSILDAR, LAND ACQUISITION, KOZHIKODE
VADAKKETHODIYIL VANAJA
SUJITH
SAJITHA
SANGEETHA
AJITH
KURIAN JOSEPH
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
