A land acquisition appeal dismissing the State’s challenge to the fixed market value of land in Poonithura village. The Court found no justification for interference with the compensation rate of Rs.1,15,700 per Acre.
The land acquisition appeal was dismissed.
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 THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932
LA.App..No. 142 of 2011(A) -----------------------------LAR.247/2008 of III ADDL.SUB COURT, ERNAKULAM
APPELLANT(S): RESPONDENTS
BY SR. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA
RESPONDENT(S): CLAIMANT
K.M.RAMESAN, S/O.MADHAVAN, KARAYIMPARAMBIL HOUSE, AYYANKALI ROAD, GANDHI SQUARE, POONITHURA. PIN-682 317.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
L. A. A. No.142 of 2011
Dated this the 10th day of February, 2011
JUDGMENT
Pius C. Kuriakose, J
Even though apparently attractive grounds are raised and Smt.T.T.Josephina addressed fervent arguments based on those grounds, having gone through the impugned judgment carefully and having taken into account the importance of the locality where the property was situated, it is clear to our mind that it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Sub Judge. Under the impugned judgment, the learned Sub Judge has fixed the correct market value of the property situated in Poonithura village acquired pursuant to Section 4(1) notification published on 15/07/06 for the purpose of construction of
L. A. A. No.142 of 2011
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bridge across Thattapillykkattupuzha at Rs.1,15,700/- per Are. We do not find any justification for interference. The
appeal is dismissed accordingly.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
1 issue framed by the court
Whether the market value fixed by the learned Sub Judge for land acquired for construction of a bridge is sustainable.
STATE OF KERALA
EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, ERNAKULAM
K.M. RAMESAN
PIUS C. KURIAKOSE
N. K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
