The Kerala High Court dismissed the land acquisition appeal filed against the Sub Court, Kottayam judgment. The court sustained the enhancement of compensation at 60% over the valuer's fixation, citing consistent precedent. Reldismissed.
Appeal dismissed on the ground that 60% enhancement over the Land Acquisition Officer's valuation is sustainable.
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 MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929
LA.App..No. 55 of 2003() -----------------------LAR.71/1999 of PRL.SUB COURT,KOTTAYAM
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SMT.K.R.DEEPA
RESPONDENTS: CLAIMANT
IBRAHIM, S/O.MUHAMMED, PUNNAKKATTU PUTHENPURAYIL, MULLUSSERY, PERUMBAIKADU.
BY ADV. SRI.M.V.IBRAHIMKUTTY SRI.V.P.MOHAMMED NIYAZ
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.55 OF 2003
Dated 4th February, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.P. No.139/03 : Delay condoned.
This appeal is directed against the judgment and decree in LAR 71/99 on the file of the Sub Court, Kottayam. The acquisition is for the purpose of construction of parallel road to M.C.Road.
It is seen that the enhancement is only 60% over the land value fixed by the Land Acquisition Officer. It is brought to our notice that in several cases this Court has sustained such fixation by granting enhancement at the rate of 60%. Therefore, this appeal is dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH & HARUN-UL-RASHID, JJ
L.A.A. NO.55 OF 2003
J U D G M E N T Dated 4th February, 2008.
1 issue framed by the court
Whether enhancement of 60% over the land value fixed by the Land Acquisition Officer is sustainable.
1 provisions across 1 enactments
State of Kerala
Ibrahim, S/O.Muhammed
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
