Appeal by the State challenging enhanced compensation under the Land Acquisition Act. The Court dismissed the appeal in limine, noting that enhancement at 50%, which is standard for NH projects, had been approved in earlier judgments.
Appeal dismissed in limine without merits.
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. 1401 of 2008(A) ------------------------------LAR.168/2005 of III ADDL.SUB COURT, ERNAKULAM
APPELLANT(S): RESPONDENTS
BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA
RESPONDENT(S): CLAIMANTS
ADV. SRI.S.SREEKUMAR FOR R1-3 SRI.P.MARTIN JOSE FOR R1-3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2011, ALONG WITH LAA NO.1466 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
L. A. A. Nos.1401 & 1466 of 2008
Dated this the 5th day of January, 2011
JUDGMENT
Pius C. Kuriakose, J
Government is in appeal being aggrieved by the enhancement in compensation awarded by the Reference Court.
The property is in Edappally North village and the acquisition was
for the purpose of National Highway 17. We notice that under the impugned judgments it is enhancement at 50% which is granted.
We notice earlier judgments of this Court whereby enhancement at the above rate has been approved. These appeals will stand dismissed in limine.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
-2-
1 issue framed by the court
Whether the enhancement in compensation awarded by the Reference Court warrants this Court to interfere in this acquisition appeal.
1 provisions across 1 enactments
STATE OF KERALA
SURAJA
O.G.SRUJI
O.G.PREETHI
PIUS C. KURIAKOSE
N. K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
