The High Court dismissed three Land Acquisition Appeals filed by the State challenging the quantum of compensation awarded to claimants. The Court held that interference was barred by a prior dismissal of a related appeal and found the awarded amount reasonable.
The appeals were dismissed and the compensation awarded to the claimants was upheld.
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 K.PADMANABHAN NAIR
WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929
LA.App..No. 436 of 2007(D)
------------------------------------------LAR.329/2002 of PRINCIPAL SUB COURT,ALAPPUZHA
APPELLANT/ RESPONDENT:
STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPPUZHA. and THE EXECUTIVE ENGINEER, N.H.DIVISION, ALAPPUZHA.
BY GOVERNMENT PLEADER SRI. BASANT BALAJI
RESPONDENTS/ CLAIMANT:
BY /
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/01/2008, ALONG WITH LAA NO. 717 OF 2007 & LAA NO. 480 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.PADMANABHAN NAIR, J
= = = = = = = = = = = = = = = = = = = = = L.A.A. Nos. 436/07, 480/07 and 717/07
= = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2008.
= = = = = = = = = = = = = = = = = = = =
J U D G M E N T
In all these cases, State is challenging the quantum of enhancement allowed by the learned Subordinate Judge. In all the three cases, the court below had relied on its on judgment in L.A.R. No.500/94. Challenging the judgment and decree passed in L.A.R. No.500/94, the State has filed L.A.A. No. 658/07. That appeal was dismissed by a Division Bench of this court on 16.8.2007. So there is no scope for interference in these appeals. Further the quantum of compensation awarded is reasonable. So the appeal is only to be dismissed.
In the result, the appeals are dismissed.
K.PADMANABHAN NAIR, JUDGE
bkn/-
1 issue framed by the court
Whether the High Court should interfere with the quantum of enhancement of compensation awarded by the Subordinate Judge.
1 provisions across 1 enactments
STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPPUZHA. AND THE EXECUTIVE ENGINEER, N.H.DIVISION, ALAPPUZHA.
1. BIJU KARTHIKA BHAVAN, KARICHAL, VEEYAPURAM.
2. R.BAIJU, KARTHIKA BHAVAN, KARICHAL, VEEYAPURAM.
K.PADMANABHAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
