The Kerala High Court allowed the land acquisition appeal, re-fixing the market value at Rs.14,00,000 per Acre based on a previous decision (LAA.No.867/2008) and awarding statutory benefits under the Land Acquisition Act.
Appeal allowed; market value fixed at Rs.14,00,000 per Acre; impugned judgment set aside.
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 10TH AUGUST 2010 / 19TH SRAVANA 1932
LA.App..No. 382 of 2010() ------------------------LAR.309/2005 of II ADDL.SUB COURT,TRIVANDRUM ....................
APPELLANT(S): RESPONDENT 1 IN LAR
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT.R.BINDU
RESPONDENT(S): CLAIMANT & R2 IN LAR
ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.D.AJITHKUMAR FOR R1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A. No. 382 of 2010
Dated this the 10th day of August, 2010
JUDGMENT
Pius C.Kuriakose,J.
Having heard the submissions of the learned Government Pleader Smt.R.Bindu and those of Sri.L.Mohanan, learned counsel for the claimant/respondent, we find merit in the submission of the learned Government Pleader that the issue raised in this appeal is covered in favour of the Government by the judgment in LAA.No.867/2008. Hence following the decision taken in LAA.No.867/2008 we allow the appeal and re-fix the market value of the land under acquisition at Rs.14,00,000/(Rupees Fourteen lakhs only) per Are after setting aside the impugned judgment and decree. Needless to mention that the appellants/claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act.
Appeal is allowed but without any order as to costs.
PIUS C.KURIAKOSE, JUDGE.
C.K.ABDUL REHIM, JUDGE.
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2 issues framed by the court
Whether the market value of the land should be re-fixed at Rs.14,00,000 per Acre following LAA.No.867/2008.
Whether the appellants are entitled to statutory benefits under the Land Acquisition Act.
Colour shows how this judgement treated each authority
LAA.No.867/2008Followed¶21
1 provisions across 1 enactments
ASHOK KUMAR
STATE OF KERALA
THE SECRETARY, TRIDA
STATE
PIUS C.KURIAKOSE
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
