In this land acquisition appeal, the High Court examined the claim for enhanced land value compensation. Finding no merit as the fixed rate was consistent with earlier approved valuations, the court dismissed the appellant's appeal.
Appeal dismissed with no enhancement in land value fixed by the Reference Court.
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
TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932
LA.App..No. 1126 of 2007()
----------------------------------LAR.5/2004 of ADDL.SUB COURT, NORTH PARAVUR
APPELLANT(S)/ADDL.2ND RESPONDENT. :-
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KOCHI REFINERIES LTD., (NOW BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY).
BY ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR
SRI.A.K.JAYASANKAR NAMBIAR
RESPONDENT(S)/CLAIMANT & 1ST RESPONDENT. :-
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1. PAULOSE, S/O. VARGHESE, KOTTAKADAPATH, PANGODE P.O.
2. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI REFINERIES LTD, VYTTILA.
R1 BY SRI.T.P.MURALEEDHARAN R2 BY GOVT.PLEADER SMT.T.T.JOSEPHINA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A. No.1126 of 2007
Dated this the 25th day of January 2011
J U D G M E N T
N.K.Balakrishnan, J.
Requisitioning authority is the appellant. The property involved in this case having an extent of 5.41 Ares in Puthencruz village was acquired for the purpose of increasing the refining capacity of the Cochin Refinery - the appellant. The Land Acquisition Officer fixed land value at the rate of Rs.2,600/- per Are. Before the Reference Court the claimant produced Ext.A1, certified copy of document No.7048/95 and relying upon that document, the land value was refixed at Rs.6,912/- per Are.
L.A.A. No.1126 of 2007
-: 2 :-
As such, we find no merit in this appeal, it is accordingly dismissed.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN, JUDGE.
Jvt
1 issue framed by the court
Whether the land value fixed by the Reference Court merits enhancement in view of earlier orders in connected appeals.
Kochi Refineries Ltd.
Paulose
State of Kerala
Pius C. KuriaKose
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
