State of Kerala appealed against a land acquisition award where compensation increased by 60% over the officer's award. The High Court rejected the appeal, ruling the awarded amount represented the correct market value and refused to allow time to cure defects.
The appeal was rejected and no time was granted to the Government to cure the defect.
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 WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932
LA.App..No. 1083 of 2003() -----------------------------------LAR.332/1999 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S)/RESPONDENT :- ------------------------------------------
STATE OF KERALA
BY SR.GOVT.PLEADER SMT.LATHA T. THANKAPPAN
RESPONDENT(S)/CLAIMANT :-
-----------------------------------------
1. DR.MANITHOMAS, KONDATHIPRAMBILYA, PANAMPUNNAYIL, PERUMBAIKODU VILLAGE, KOTTAYAM.
2. GEORGE THOMAS, KONDATHIPRAMBILYA, PANAMPUNNAYIL, PERUMBAIKODU VILLAGE, KOTTAYAM.
3. ELIZABETH THOMAS, KONDATHIPRAMBILYA, PANAMPUNNAYIL, PERUMBAIKODU VILLAGE, KOTTAYAM.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A. No.1083 of 2003
Dated this the 23rd day of February 2011
J U D G M E N T
Pius C. Kuriakose, J.
This appeal is coming up in the defect list. We have gone through the impugned judgment. The property under acquisition was in Perumbaikad Village very near to the Municipal town of Kottayam. The purpose of acquistition was for construction of parallel road to M.C.Road from Kottayam to Gandhinagar IInd reach. On going through the impugned judgment we find that it is only 60% increase over the rate awarded by the L.A.Officer that has been awarded. According to us it is more or less the correct market value of the property that has been fixed by the learned Sub Judge. We are not inclined to entertain this
L.A.A. No.1083 of 2003
-: 2 :-
appeal any longer or to grant any time to the Government to cure the defect.
Appeal will stand rejected.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN,
Jvt
1 issue framed by the court
Whether the land acquisition appeal should be allowed despite a defect in the lower court judgment.
STATE OF KERALA
DR. MANITHOMAS
GEORGE THOMAS
ELIZABETH THOMAS
PIUS C. KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
