The High Court of Kerala dismissed this land acquisition appeal against the Sub Court in Alappuzha. Upholding a 45% enhancement for land and structures and a nominal Rs. 5,000 enhancement for injurious affection, the court held the compensation was just and proper.
The appeal filed by Inland Waterways Authority of India was 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 HARUN-UL-RASHID THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929
LA.App..No. 823 of 2004() ------------------------LAR.128/2002 of PRINCIPAL SUB COURT,ALAPPUZHA ....................
APPELLANT: B-RESPONDENT
INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI 682 018, REPRESENTED BY ITS DIRECTOR.
BY ADV. SRI.V.SANTHARAM, SC, IWAI
RESPONDENTS: CLAIMANT AND A RESPONDENT
BY ADV. SRI.P.SREEKUMAR.
GOVERNMENT PLEADER SMT.K.R.DEEPA.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.823 OF 2004
Dated 7th February, 2008.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and decree in LAR 128/02 on the file of the Sub Court, Alappuzha. The acquisition is for the purpose of Widening of National Waterways No.III. The property is situated in Purakkadu village. We have already held, in the judgment in LAA 759/04 that enhancement in land value at 80% is just, proper and reasonable. There is also an enhancement in compensation for structures and injurious affection. But as far as value of structure is concerned, what is granted is only 45% enhancement. It is now settled law that the basis of fixation by the Land Acquisition Officer is PWD rate as far as structure is concerned, and hence a reasonable enhancement is permissible. In the peculiar facts and circumstances of this case, as established by Ext.C1 commission report, Ext.C2 detailed valuation report and the evidence of AWs.1 and 2, and in the absence of any contra evidence on the part of the respondent, we find that 45% enhancement is only just and proper. As far as injurious affection is concerned, only a
LAA NO.823/04
2
nominal enhancement to the tune of Rs.5,000/- is given based on evidence, in the light of the report of the unchallenged report of the Advocate Commissioner. Thus, there is no merit in the appeal. It is accordingly dismissed. I.A.No.3891/04 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH & HARUN-UL-RASHID, JJ
L.A.A. NO.823 OF 2004
J U D G M E N T Dated 7th February, 2008.
2 issues framed by the court
Whether the compensation awarded for land acquisition with 45% enhancement for structures and nominal enhancement for injurious affection is just and proper.
Whether the enhancement basis of 80% established in a previous judgment should be applied uniformly under peculiar facts.
Inland Waterways Authority of India
Thankappan
State of Kerala
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
