This land acquisition appeal questioned the fixation of land value for the Anamugham bridge project following a settler judgment in L.A.R. No. 227 of 1994. The court held that since the pattern was final and unappealed, the appeal lacked merit.
Appeal dismissed; application to condone delay of 152 days dismissed; I.A. No.1058 of 2004 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
FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929
LA.App..No. 213 of 2004() ------------------------LAR.428/1996 of II ADDL.SUB COURT,TRIVANDRUM
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN
RESPONDENTS: CLAIMANTS
BY //
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. NO.213 OF 2004
& C.M. APPLICATION NO.515 OF 2004
Dated this the 22nd day of February, 2008
JUDGMENT
Kurian Joseph, J.
C.M. Application No.515 of 2004 is an application to condone the delay of 152 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R. No.428 of 1996 on the file of the II Additional Sub Court, Thiruvananthapuram. The acquisition is for the construction of Anamugham bridge. Section 4(1) notification is dated 26.5.1993.
L.A.A.NO.213/2004
2
The application and the appeal are accordingly dismissed. I.A.
No.1058 of 2004 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
L.A.A.NO.213/2004
3
KURAIN JOSEPH & HAURN-UL-RASHID, J.J
L.A.A. .NO213/2004
JUDGMENT
22nd FEBRUARY, 2008
2 issues framed by the court
Whether the delay of 152 days in filing the land acquisition appeal should be condoned.
Whether the fixation of land value in the present reference follows a final pattern established in a prior judgment without appeal.
1 provisions across 1 enactments
State of Kerala
D. Prabhakaran
Executive Engineer, Bridge and Roads Division, Thiruvananthapuram
Claimants
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
