The High Court upheld the cross objections and re-fixed the market value of acquired land at Rs.60,000 per cent, directing parties to bear respective costs.
The market value of the land under acquisition is re-fixed at Rs.60,000 per cent.
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 N.K.BALAKRISHNAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932
C. O. No.4 of 2011 in
L. A. A. No.1049 of 2004
-------------------------------LAR.313/2000 of PRL.SUB COURT, KOZHIKODE
CROSS OBJECTIONER/CLAIMANT
P.V. BIYATHU, MUJEEB MANZIL, NELLICODE, KOZHIKODE.
SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S): RESPONDENTS:-
SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN
THIS CROSS OBJECTIONS HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
C. O. No.4 of 2011 in L. A. A. No.1049 of 2004 &
Dated this the 27th day of January, 2011
ORDER
Pius C. Kuriakose, J
Having considered the submissions addressed before us by Sri.P.V.Kunhikrishnan, the learned counsel for the Cross Objector and those of Smt.Latha T. Thankappan, the learned senior Government Pleader and having taken into account various judgments of this Court in other cases pertaining to acquisition of identical property for the same purpose particularly the judgment in LAA.471/04 and the common judgment in LAA.1576/07 and L.A.A.1724/07, we are inclined to uphold these cross objections in full. Hence, upholding the cross objections, we re-fix the market value of the land under acquisition at Rs.60,000/- per cent. Parties are directed to suffer their respective costs. It is needless to
C. O. No.4 of 2011
-2-
mention that the cross objector will be entitled for all statutory benefits.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
1 issue framed by the court
Whether to uphold the cross objections regarding the market value of land under acquisition.
The Special Tahsildar (LA) N.H. No.1, Kozhikode
The Executive Engineer, N.H. Division, Kozhikode
Pius C. Kuriakose
N. K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Pius C. Kuriakose and N. K. Balakrishnan
Parties & counsel
