This court dismissed the State's land acquisition appeal as barred by delay of 308 days. Finding the enhancement in land value was minimal and the award reflected a just market value, the court declined to examine the merits.
Delay petition and Appeal LAA No.2340 of 2008 dismissed. I.A. No.5210/08 also 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
WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930
LA.App..No. 2340 of 2008(D) --------------------------LAR.49/2005 of SUB COURT, PALA
APPELLANT(S): RESPONDENTS
STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, KOTTAYAM.
BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.
RESPONDENT(S): CLAIMANT ----------------------LILLIKUTTY, W/O.ABRAHAM, VETTOOR, PADINJATTUMBHAGAM KARA, ETTUMANOOR.
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
L.A.A. No.2340 of 2008
Dated 10th December, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Application No.2404/08 : There is a delay of 308 days in filing the appeal.
The appeal is filed by the State aggrieved by the fixation of land value by the reference court - Sub Court, Pala. The acquisition is for the purpose of Moovattupuzha Valley Irrigation Project. The property is situated near to Kuravilangadu town. The Land Acquisition Officer fixed the land value at Rs.7,447/- per Are. The reference court fixed the land value at Rs.16,000/- per Are, on the basis of the evidence available on record to the effect that the property is situated near to Kuravilangad town and that the adjacent property belongs to the husband of the claimant. The said property is covered by LAR 45/05. In LAR 45/05, the reference court has fixed the land value at Rs.25,000/- per Are, and taking note of the fact that there is no road access in respect of the acquired property under appeal, the value was fixed at Rs.16,000/- per Are, in view of the fact that the property is situated near to Kuravilangad Central Junction and
LAA NO.2340/08
2
town. The total extent involved is only 1.28 Ares and the enhancement in land value itself is only around Rs.11,000/-. In that view of the matter, we do not find it necessary to go into the merits of the case, since on facts we are of the view that the award reflects a just and proper fixation of the market value. Therefore, there is no reason to condone the delay. The delay petition as well as the appeal are dismissed. I.A.No.5210/08 : Dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. No.2340 of 2008
J U D G M E N T
Dated 10th December, 2008.
2 issues framed by the court
Whether the delay in filing the land acquisition appeal should be condoned.
Whether the land value fixed by the reference court is just and proper.
STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOTTAYAM
LILLIKUTTY
KURIAN JOSEPH
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
