State of Kerala appealed against the reference court's fixation of land value for railway track doubling. The High Court dismissed the appeals, holding the enhanced value was justified due to time lag and lack of access to roads.
Appeals against the fixation of land value were dismissed, rendering the land value final.
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 24TH JANUARY 2008 / 4TH MAGHA 1929
LA.App.No. 286 of 2004
LAR.45/2000 of SUB COURT, HOSDURG
....................
APPELLANT/RESPONDENT
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STATE OF KERALA.
BY SRI.RAJAN JOSEPH, ADDL.A.G. GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR.
RESPONDENT/CLAIMANT
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NAFEESA MOHAMMED P.A., HOLDER OF P.A. MOHAMMEDKUNHI, PAKYARE P.O., UDUMA.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2008, ALONG WITH L.A.A. 343/2004 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. Nos. 286, 343, 525, 526, 552 & 561 OF 2004
----------------------------------------Dated this the 24th day of January, 2008.
J U D G M E N T
Kurian Joseph, J.
These are appeals filed by the State aggrieved by the fixation of land value by the reference court. Acquisition is for the purpose of doubling the railway track from Kasaragod to Trikaripur.
The fixation thus being made based on materials available on record and the fixation being just, proper and reasonable and
L.A.A. No.286/04 & conn. cases
2
since the land value has otherwise become final there being no appeal in three cases, there is no merit in these appeals. They are accordingly dismissed.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID JUDGE
smp
L.A.A. No.286/04 & conn. cases
3
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. Nos. 286, 343, 525, 526, 552 & 561 OF 2004
J U D G M E N T
24.01.2008
1 issue framed by the court
Whether the enhancement of land value from Rs.7,977 to Rs.20,000 is justified given the time lag between the basic document and the notification.
STATE OF KERALA
NAFEESA MOHAMMED P.A.
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
