The High Court dismissed two land acquisition appeals filed by the Requisitioning Authority. Relying on similar approved precedents, the Court held that the enhanced compensation fixed by the Reference Court was appropriate. No costs were awarded.
Dismissed two land acquisition appeals with no costs.
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 FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 LA.App..No. 1130 of 2007(B) -------------------------------LAR.10/2004 of ADDL.SUB COURT,PARAVUR ....................
APPELLANT(S): ADDL.2ND RESPONDENT: ----------------------------------------------
KOCHI REFINERIES LTD. (NOW BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY).
BY ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR
RESPONDENT(S): CLAIMANT & 1ST RESPONDENT:
ADV. SRI.T.S.RADHAKRISHNA PILLAI FOR R2,3,5 SRI.T.R.RAJEEV FOR R2,3,5
GOVT. PLEADER SMT.T.T.JOSEPHINA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2011 A/W LAA.1131/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
L. A. A. Nos.1130 & 1131 of 2007
Dated this the 21st day of January, 2011
JUDGMENT
Balakrishnan, J
These two appeals are filed by the Requisitioning Authority. The relevant Section 4(1) notification was published on 04/11/2000. The property acquired in this case was classified as dry land. The Land Value fixed by the Land Acquisition Officer was Rs.31,900/- per Are. The Reference Court has enhanced the compensation by giving Rs.2,480/- per Are more. Since the land value in respect of similar lands acquired for the same purpose covered by the same notification re-fixed by the Reference Court was approved by this Court in the connected appeals, these appeals are only to be dismissed. Hence, we dismiss both the above appeals. No costs.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
L. A. A. Nos.1130 & 1131 of 2007 -2-
1 issue framed by the court
Whether the land acquisition appeals filed by the Requisitioning Authority against the enhanced compensation fixed by the Reference Court should be allowed or dismissed.
KOCHI REFINERIES LTD (NOW BHARAT PETROLEUM CORPORATION LTD, KOCHI REFINERY)
N.R. RAJEEV
KARTHIK RAVI
LAKSHMI PRIYA
LAKSHMANAN
JANAKI AMMA
PIUS C. KURIAKOSE
N. K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
