In an appeal, the Kerala High Court enhanced land acquisition compensation for buildings and compound walls awarded at below statutory rates, granting Rs.46,700 additional compensation.
Awarded Rs. 46,700 as additional compensation for the building and compound wall to the appellants.
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 16TH FEBRUARY 2011 / 27TH MAGHA 1932
LA.App..No. 15 of 2005(C)
------------------------LAR.190/1994 of III ADDL.SUB COURT, ERNAKULAM ....................
APPELLANT(S)/CLAIMANT:
BY ADV. SRI.S.SREEKUMAR
RESPONDENT(S)/RESPONDENT:
STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM DIST., CIVIL STATION, KAKKANADU.
GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A.No. 15 OF 2005
Dated this the 16th day of February, 2011
JUDGMENT
Pius C.Kuriakose, J.
The claimants are in appeal. This appeal is confined to their claim for enhanced compensation for the building and the compound wall which existed on the property under acquisition. The claim of the appellants was for a total amount of Rs.5 Lakhs. As against this, the awarding officer awarded only Rs.2,13,514/-. On going through the impugned judgment, we find that the issue of the correct compensation payable for the building was not addressed by the learned Sub Judge at all.
L.A.A.No.15/2005 2
compensation payable for the building and the compound wall. It is a matter of common knowledge that construction of
buildings as per the PWD scheduled of rates is not a very pragmatic propositions. Even the PWD tendering out its civil works at 30 to 35% more than its published rates. Taking all these aspects into account, we allow the appeal to the extent of
awarding to the appellants a total amount of Rs.70,000/- as additional compensation towards value of the building and the compound wall. The amount of Rs.70,000/- is due to all the three claimants together. As only claimants 1 and 2 have come up in appeal, the amount due to the appellants fixed at Rs.46,666/- which we round off to Rs.46,700/-.
The above amount of Rs.46,700/- will carry all statutory benefits. However, while interest under Section 28 is calculated, the Registry will have due regard to the conditions imposed by us in the delay petition.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk
L.A.A.No.15/2005
3
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A.No. 15 OF 2005
JUDGMENT
16th February 2011.
1 issue framed by the court
Whether the court below was justified in not awarding any enhancement towards the building and compound wall.
1 provisions across 1 enactments
Abdul Khader
Mohammed
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
