This land acquisition appeal concerned the enhancement of compensation value by the reference court. The High Court found the valuation based on evidence regarding land location and lack of road access was reasonable and dismissed the appeal without merit.
The land acquisition appeal and the I.A. are 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
THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929
LA.App..No. 1189 of 2003()
-------------------------LAR.79/2000 of SUB COURT, HOSDRUG
APPELLANT: RESPONDENT
STATE OF KERALA.
BY GOVERNMENT PLEADER SMT.K.R.DEEPA.
RESPONDENTS: CLAIMANTS
BY ADV. SRI.K.RAJEEVAN SMT.T.SUDHAMANI
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.1189 OF 2003
Dated 10th January, 2008.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and decree in LAR 79/2000 on the file of the Sub Court, Hosdurg. The acquisition is for the purpose of doubling of Railway track from Thrikkarippur to Uppala. Section 4(1) notification was published on 3.4.1997. The Land Acquisition Officer awarded the land value at the rate of Rs.2,857/- per cent. The reference court enhanced the value to Rs.12,000/- per cent. It is seen that such enhancement is based on the evidence available on record. The reference court has found that the acquired property is situated just 200 meters from the heart of Neeleswar town and that there are several public institutions in the vicinity. For the property with road access covered by Ext.A5 document, the land value was fixed at Rs.50,000/- per cent. However, in the case of the acquired property, there was no road access and the same is situated near to a Railway track. In that view of the matter, the reference court fixed the market value at Rs.12,000/- per cent. Since the said fixation is made on the basis of the evidence
LAA NO.1189/03
2
available on record and also taking note of the fact that the acquisition is only of a small extent, involving enhancement to the tune of Rs.40,015/-, we do not find any merit in the appeal. It is accordingly dismissed.
I.A.1162/2003 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH & HARUN-UL-RASHID, JJ
L.A.A. NO.1189 OF 2003
J U D G M E N T
Dated 10th January, 2008.
1 issue framed by the court
Whether the reference court's enhancement of land value based on evidence and local circumstances warrants allowance in the land acquisition appeal.
STATE OF KERALA
E. KRISHNAN NAIR
SARASWATHY
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
