In an appeal against the reference Court's fixation of land value in a land acquisition case, the High Court of Kerala dismissed the appeal relying on a prior judgment this Court affirmed the reference Court.
The appeal was 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 K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932
LA.App..No. 1243 of 2010 ---------------------------------LAR.322/2008 of III ADDL.SUB COURT, ERNAKULAM ....................
APPELLANT(S): CLAIMANT:
BAVA, AGED 55 YEARS, S/O.MUHAMMED, THETTILAYIL HOUSE, KAVUMKARA, VELLOORKUNNAM, MUVATTUPUZHA.
BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL
RESPONDENT(S): RESPONDENTS:
BY GOVERNMENT PLEADER SMT.R.BINDU.
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M.JOSEPH & M.C.HARI RANI, JJ.
L.A.A.No.1243 of 2010-A
Dated, this the 22nd day of November, 2010
J U D G M E N T
K.M.Joseph, J.
An extent of 14 Ares of land in Sy.No.42/13A of Edappally North village lying on the side of NH-17 was acquired under 4 (1) Notification dated 14.3.2002 for widening of NH-17. Respondents fixed the land value at Rs.1,59,000/- per Are. On reference, the reference Court fixed the land value at Rs.3,33,790/- per Are relying on Ext.A1 judgment in L.A.R.No.258 of 2007. It is feeling aggrieved by the same, the appellant is before us.
(K.M.JOSEPH) JUDGE.
(M.C.HARI RANI) JUDGE.
MS
1 issue framed by the court
Whether the land acquisition appeal should be allowed in view of the precedent laid down in L.A.A.No.699/2009.
Bava
State of Kerala
The Executive Engineer, NH(B) Division, Kodungalloor
K.M.Joseph
M.C.Hari Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
