This judgment dismisses the Land Acquisition Appeal filed by KSIDC regarding land acquisition in Kuthuparamba village. The court held that the issue raised was previously covered by its own judgment in L.A.A.105/2010 series.
Dismissal of the Land Acquisition Appeal filed by the Requisitioning Authority without any further adjudication on the merits.
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
MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932
LA.App..No. 642 of 2009(A) ------------------------------LAR.145/2005 of PRL.S.C.,THALASSERY ....................
APPELLANT(S): RESPONDENT NO.2
THE MANAGING DIRECTOR,KSIDC, REP.BY ASSISTANT GENERAL MANAGER,KSIDC, KESTON ROAD,KOWDIAR,THIRUVANANTHAPURAM.
BY ADV. SRI.JOBY CYRIAC, SC, KSIDC
RESPONDENT(S): CLAIMANT AND R1
GOVT. PLEADER SMT.R.BINDU
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ.
L. A. A. No.642 of 2009
Dated this the 16th day of August, 2010
JUDGMENT
Pius C. Kuriakose, J
This appeal by the Requisitioning Authority
pertains to acquisition of land in Kuthuparamba village for the purpose of construction of the road from Palathinkara Junction to Valiavelicham for the establishment of Industrial Growth Centre for the Requisitioning Authority. The property was included by the Land Acquisition Officer in Group
No.2 and he awarded land value at the rate of Rs.6,499/- per cent. We notice that the issue raised in this appeal is covered against the Requisitioning Authority by our own judgment in
L. A. A. No.642 of 2009
-2-
L.A.A.105/2010 series. Hence, this appeal is
dismissed.
PIUS C. KURIAKOSE JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-
2 issues framed by the court
Whether the Land Acquisition Appeal by the Requisitioning Authority should be adjudicated despite the issue being covered by a previous judgment.
Whether the award of land value at Rs.6,499 per cent should be upheld in the context of the Industrial Growth Centre.
The Managing Director, KSIDC
Smt.V.P.Safiya
Government of Kerala
Pius C. Kuriakose
C. K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
