The High Court of Kerala dismissed a Land Acquisition Appeal filed by the State. Being not inclined to admit the appeal regarding land acquisition for road widening, the court upheld the enhanced compensation awarded by the reference court, citing precedent from L.A.A.No.764/2008.
Land Acquisition Appeal 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 PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931
LA.App..No. 1257 of 2008() -------------------------LAR.17/2003 of I ADDL.SUB COURT,TRIVANDRUM ....................
APPELLANT(S): RESPONDENT
--------------
STATE OF KERALA, (SPL.TAHSILDAR, LA, NH, KESAVADASAPURAM, THIRUVANANTHAPURAM), REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
RESPONDENT(S): CLAIMANT
---------------
P.S.THOMAS, TC.3/1791-1, PUNNAKKATT HOUSE, PATTOM PO., THIRUVANANTHAPURAM.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
L.A.A.No.1257 OF 2008
JUDGMENT
Pius.C.Kuriakose, J.
We are not inclined to admit this appeal which pertains to acquisition
of land in Kawdiar village for the purpose of widening of road from Kesavadasapuram to PMG Reach I pursuant to Section 4(1) notification published on 15/02/1999. The land acquisition officer awarded land value at the rate of Rs.3,34,334/- per Are which was refixed by the reference at Rs. 6,10,493/- per Are. It is brought to our notice that this court by judgment in L.A.A.No.764/2008 and a number of other cases has approved enhancement at the same rate granted by the same court for similar properties acquired for the same purpose. The appeal will stand dismissed.
PIUS.C.KURIAKOSE JUDGE
P.Q.BARKATH ALI JUDGE
sv.
1 issue framed by the court
Whether the Land Acquisition Appeal filed by the State against the enhanced land compensation deserves admission and success.
1 provisions across 1 enactments
State of Kerala, Rep. by the District Collector, Thiruvananthapuram
P.S. Thomas
Pius C. Kuriakose
P. Q. Barkath Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
