The High Court of Kerala allowed appeals against land acquisition orders for the Kannur Power House project, remanding reference cases for fresh decisions after claimants were given a chance to adduce further evidence.
Judgment and decree set aside; cases remanded for fresh decision after further evidence by claimants; full court fee refunded.
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 C.K.ABDUL REHIM
TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931
LA.App..No. 414 of 2009() ------------------------LAR.59/2003 of ADL.SUB COURT, THALASSERY ....................
APPELLANT(S): CLIAIM ANTS/2 TO 5,8,10 TO 15, IST CLAIMANT
BY ADV. SRI.V.PREMCHAND
RESPONDENT(S) RESPONDENTS:
GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.G.S.REGHUNATH
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 07/04/2009, ALONG WITH L.A.A.416/2009 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
L.A.A.Nos.414,415,416 & 418 of 2009
Dated this the 7th day of April, 2009
JUDGMENT
Pius C.Kuriakose, J.
These appeals by the claimants pertain to acquisition of land for the establishment of Kannur Power House project pursuant to a notification under Section 4(1). It is brought to our notice that in several appeals preferred by identically placed claimants and also by the State, a Division Bench of this court interfered with the judgment of the reference court and remanded the reference cases back to the reference court for fresh decision after giving opportunity to both sides to adduce further evidence. A copy of the judgment of the Division Bench in L.A.A.1539/2007 is placed before us. In the light of the judgment of the Division Bench in L.A.A.1539/2007, we are of the view that there is justification for passing order of remand in these appeals also.
L.A.A..No.414/09.& connected cases 2
2
61/2003, 142/2002, to the Subordinate Judges Court, Thalassery for taking fresh decision after giving opportunity to the claimants to adduce whatever further evidence they want to. If further evidence is adduced by them, that court will permit the Government as well as the requisitioning authority to adduce rebuttal evidence. While taking decision as directed above learned Sub Judge will have due regard to the observations of this court in the judgment in L.A.A. No. 1539/2007.
Appeals are allowed to the above extent. Refund the full court fee paid on the appeal memo to the counsel for the appellants .
PIUS.C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM, JUDGE dpk
1 issue framed by the court
Whether the appeals challenging the land acquisition order should be allowed or dismissed.
Colour shows how this judgement treated each authority
L.A.A.1539/2007Followed¶38
1 provisions across 1 enactments
Pilakkal Gopalan and others
The State of Kerala
The Managing Director, KINFRA
Pius C.Kuriakose
C.K.Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
