Dismissed

Inlandwaterways Authority of India v. v.P.Surendran

Kerala HC8 Jul 2009LA.App./374/2004

Case brief

AI extract

What is this about?

In a land acquisition appeal concerning Mullackal village, the Kerala High Court dismissed the appeal filed by the requisitioning authority. The Court held that the reference court's decision to refix the land value at Rs. 1 lakh per Are, considering the property's location near the Alappuzha Boat Jetty, was reasonable and equal to the correct market value. Consequently, the appeal was dismissed w

What did the court decide?

The appeal was dismissed and the impugned judgment was allowed without any order as to costs.

Inlandwaterways Authority of India Vs v.P.Surendran — Land Acquisition | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931

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LA.App..No. 374 of 2004(C) -------------------------LAR.17/2001 of PRINCIPAL SUB COURT,ALAPPUZHA ....................

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APPELLANT(S): ADDL.B RESPONDENT

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-------------------------------

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INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR.

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BY ADV. SRI.V.SANTHARAM

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RESPONDENT(S): CLAIMANTS AND A RESPONDENT

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----------------------------------------------------------------------

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1. V.P.SURENDRAN, PRESIDENT, AMCO FURNITURE SOCIETY, REG.NO.A. 605/85, THIRUMALA WARD, ALAPPUZHA.

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2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA.

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ADV. SRI.T.M.ABDUL LATHEEF FOR R1 GOVERNMENT PLEADER SRI.BASANT BALAJI

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.

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L.A.A.No. 374 OF 2004

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- - - - Dated this the 8^th day of July, 2009

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JUDGMENT

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Pius.C.Kuriakose, J.

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This is an appeal by the requisitioning authority and the case pertains to acquisition of land in Mullackal village for the purpose of fixing up waterways terminal and for widening the National Water Way III. The relevant Section 4(1) notification was published on 3-5-1999 and other dates. The land acquisition officer awarded land value at the rate of Rs.58578/- per Are which was refixed by the reference court under the impugned judgment at Rs.1lakh per Are.

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We have heard the submissions of Sri.V.Santharam, learned counsel for the appellant and those of Sri.T.M.Abdul Latheef, learned counsel for the respondents. Even though Sri.V.Santharam assailed the judgment of the reference court very forcefully on the basis of the various grounds raised in the memorandum of appeal, having gone through the impugned judgment and having made a re-appraisal of the evidence which was available before the reference court, we are of the

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LAA.No.374/04

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view that the approach of the learned Subordinate Judge in the matter of determination of market value was reasonable. We feel that having regard to the lie and location of the property which is very near to Alappuzha Boat Jetty, refixation at the present rate of Rs. 1 lakh per Are is more or less equal to the correct market value of the property at the relevant time. Accordingly, we refuse to interfere with the impugned judgment and dismiss the appeal , however, without any order as to costs.

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PIUS.C.KURIAKOSE JUDGE

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P.Q.BARKATH ALI JUDGE

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sv.

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LAA.No.374/04 2

Inlandwaterways Authority of India v. v.P.Surendran

Case brief

What is this about?

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Inlandwaterways Authority of India v. v.P.Surendran

Case brief

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