The Kerala High Court allowed the land acquisition appeal, re-fixing the market value of the land at Rs.16,60,000 per Are and clarifying that statutory interest under Section 28 is admissible from the date of dispossession on 28-12-2004.
Market value of land fixed at Rs.16,60,000/- per Are; statutory interest under Section 28 admissible from 28-12-2004.
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
WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932
LA.App..No. 1111 of 2009() -------------------------LAR.8/2006 of II ADDL.SUB COURT,TRIVANDRUM ....................
APPELLANT(S): IST RESPONDENT ----------------------------
STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN
RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT
ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.T.RAJASEKHARAN NAIR FOR R1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
LAA. No. 1111 of 2009
Dated this the 11th day of August, 2010
J U D G M E N T
Pius C.Kuriakose, J.
Heard Smt. Latha T. Thankappan, learned Sr. Govt. Pleader Sri. T.Rajasekharan Nair, learned counsel for the respondent. We are of the view that the decision of this Court in LAA. No.467 of 2008 decides the issue involved in
this appeal slightly in favour of the Government. Following the decision in that appeal, we allow this appeal to the extent of re-fixing the market value of the land under acquisition at Rs.16,60,000/- per Are. We make it clear that the statutory interest under section 28, will become admissible to the respondent only from the date of dispossession, i.e., 28-12-2004. The parties are directed to suffer their respective costs.
(PIUS C.KURIAKOSE, JUDGE)
(C.K.ABDUL REHIM, JUDGE)
ksv/-
K.M.JOSEPH
STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
THE SECRETARY, TRIDA, THIRUVANANTHAPURAM
PIUS C.KURIAKOSE
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
