In this land acquisition appeal, the Court dismissed the State of Kerala's challenge against the reference court's enhancement of compensation for 34.87 cents of land in Kozhikode. Finding the acquired land had greater locational advantage than the benchmark evidence, the Court upheld the lower court's quantum.
No order as to costs.
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. 709 of 1999() ------------------------LAR.49/88 OF PRINCIPAL SUB COURT, KOZHIKODE.
APPELLANT/RESPONDENT: ----------------------------
STATE OF KERALA
BY GOVERNMENT PLEADER SHRI V.T.K.MOHANAN
RESPONDENT/CLAIMANT:
--------------------------KUZHIMBADATH AMMINABI CHERUVANNUR, FEROKE.
BY ADV. SRI.C.P.MOHAMMED NIAS
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON C.M.P.614/02 IN LAA.709/99
//DISMISSED//
24.1.2008 SD/- (KURIAN JOSEPH, JUDGE) SD/- (HARUN-UL-RASHID, JUDGE)
KURIAN JOSEPH & HARUN- UL-RASHID,JJ. -----------------------
L.A.A..709/99
J U D G M E N T
24.1.2008
KURIAN JOSEPH & HARUN-UL-RASHID,JJ.
L.A.A.No.709 of 1999
DATED THIS THE 24th DAY OF JANUARY, 2008
J U D G M E N T
HARUN-UL-RASHID, J.
This is an appeal by the State of Kerala challenging the decree and judgment dt.26.8.1997 passed by the Principal Sub Court, Kozhikode in L.A.R.No.49/88. The appellant has come up in appeal being aggrieved by the quantum of additional land value granted at the instance of the respondent/claimant.
L.A.A.No.709/99
2
L.A.A.No.709/99
3
We find no reason to interfere with the finding entered by the court below because of the locational importance of the acquired land. The acquired land is more valuable than the property covered by Exhibit A1. There is no merit in the appeal. The appeal stands dismissed. There will be no order as to costs.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID,JUDGE.
dsn
1 issue framed by the court
Whether the Trial Court's finding that the acquired land had greater locational importance compared to the evidence produced deserves interference.
Colour shows how this judgement treated each authority
L.A.A.No.162/92Referred¶30
State of Kerala
Kuzhimbadath Amminabi Cheruvannur
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
