The High Court dismissed appeals against a land acquisition reference court judgment that enhanced compensation for dry and wet lands. The court held the enhancement was reasonable and supported by evidence, and the Government could not challenge the reference court's award.
Appeals of all claimants were dismissed with no costs awarded.
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
FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931
LA.App..No. 651 of 2004() ------------------------LAR.144/1999 of III ADDL.SUB COURT, ERNAKULAM
APPELLANT(S): RESPONDENT
STATE OF KERALA.
BY SR. GOVERNMENT PLEADER BASANT BALAJI
RESPONDENT(S): CLAIMANT
ADV. SRI.C.P.MOHAMMED NIAS FOR R1
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 3-7-09 ALONG WITH LAA.674/04 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ.
LAA. Nos. 651, 674 & 692 of 2004
Dated this the 3rd day of July, 2009
J U D G M E N T
Pius C.Kuriakose, J.
These appeals are directed against the judgment and decree of the land acquisition reference court, Ernakulam awarding enhanced compensation to the land owners. The acquisition was for the purpose of IBP Company. The properties were in Thiruvankulam Village. The relevant section 4(1) notification was published on 10-2-1998. There were dry lands as well as wet lands. For the dry lands, the L.A. Officer awarded land value at the rate of Rs.25,900/per Are. For the wet lands, the L.A. Officer awarded land value at the rate of Rs.12,300/- per Are. The reference court under the impugned judgment re-fixed the value of dry lands at Rs.38,850/- per Are. Similarly, the value of wet lands was re-fixed at Rs.18,50/-. Thus for dry lands an enhancement by 40% over what was awarded by the L.A. Officer was granted and for the wet lands an increase of
WP(C)N0.
-2-
50% over what was awarded by the L.A. Officer was granted.
(PIUS C.KURIAKOSE, JUDGE)
(P..BARKATH ALI, JUDGE)
ksv/-
2 issues framed by the court
Whether the enhancement in land compensation awarded by the reference court is unreasonably excessive.
Whether the Government can challenge the award of the reference court.
1 provisions across 1 enactments
Claimant
State of Kerala
Pius C. Kuriakose
P.Q. Barkath Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
