High Court Kerala dismissed IA nos. 1349 & 1356 of 2010 filed by IWA against enhancement of compensation. Court found no justification for entertaining appeals and dismissed them in limine.
Appeals dismissed in limine.
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 5TH JANUARY 2011 / 15TH POUSHA 1932 LA.App..No. 1356 of 2010(D) --------------------------------LAR.137/2003 of ADDL.SUB COURT,KOLLAM ....................
APPELLANT(S): ADDL.2ND RESPONDENT
INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI - 682018,REPRESNTED BY ITS DIRECTOR. (NOW OFFICE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI - 682304)
BY ADV. SRI.V.SANTHARAM, SC, IWAI
RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT
LAA.1356/10
-2-
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2011, A/W LAA.1349/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
L. A. A. Nos.1349 & 1356 of 2010
Dated this the 5th day of January, 2011
JUDGMENT
Pius C. Kuriakose, J
Both the above appeals instituted by the
Requisitioning Authority/Inland Waterways Authority of India pertain to acquisition of land in Chavara village of Kollam District for the purpose of widening of the National Waterways No.III. On going through the impugned judgment we find that an enhancement of 60% over what was awarded by the Land Acquisition Officer is granted to the claimants. We notice judgments of this Court in respect of similar acquisitions where we have approved enhancement up to 60%. We do not find any justification for entertaining these appeals. Both the appeals will stand
dismissed in limine.
L. A. A. Nos.1349 & 1356 of 2010 -2-
not stand in the way of the appellant raising all available
contentions in case the claimants come up in appeal.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
1 issue framed by the court
Whether enhancement of 60% over Land Acquisition Officer award is justifiable.
Addl. 2nd Respondent
Inland Waterways Authority of India
Mahilamony K W/o Sukumaran
Jayarajan S.
Sindhu M D/o Sukumaran
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
