The High Court allowed an appeal to refix market value of acquired land and issued a conditional order condoning a 219-day delay in an application for enhanced compensation, imposing payment conditions.
Market value refixed at Rs.1,62,000/- per Acre; delay condoned subject to fee payment conditions.
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
MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932
LA.App..No. 227 of 2011()
------------------------LAR.209/2007 of PRINCIPAL SUB COURT,PARAVUR
APPELLANT(S): CLAIMANTS
BY ADV. SRI.BIJU ABRAHAM
RESPONDENT(S): RESPONDENTS
STATE OF KERALA,REP.BY THE SPECIAL TAHSILDAR(LA) NH NO.111, VYTTILA.
GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A.No. 227 OF 2011
Dated this the 21st day of March, 2011
JUDGMENT
Pius C.Kuriakose, J.
This appeal by the claimants pertains to acquisition of
land in Angamalay village for the purpose of upgradaion of NH 17 from Varapuzha to Cheriapally. Section 4(1) notification was published on 23/8/2004. The Land Acquisition Officer awarded land value at the rate of Rs.87,576/- per Are. The Reference Court under the impugned judgment would refix the land value at Rs.1,44,495/- per Are.
LAA.No.227/201 2
allow this appeal to the extent of refixing the market value of land under acquisition at Rs.1,62,000/- per Are. We are not impressed by the other grounds raised in the appeal.
It is needless to mention that the appellants will be entitled for statutory benefits admissible under Section 23(2), 23 (1A) and Section 28 of the Act on the total refixed compensation
to which he becomes eligible by virtue of this judgment. However, while drafting the decree and providing for interest under Section 28, the Section will have due regard to the conditions imposed by us in our order on the delay petition. The Registry will issue decree copy to the appellants only after ensuring that all the conditions in that order are complied with and also that full court fee payable on the appeal memorandum is paid.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk
LAA.No.227/201
3
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
C.M.Appln. 496 of 2011 in L.A.A.No. 227 OF 2011
Dated this the 21st day of March, 2011
O R D E R
Pius C.Kuriakose, J.
Delay is 219 days. The affidavit in support of the delay petition is not fully convincing. However, on consideration of justice, we are inclined to condone the delay imposing conditions. Accordingly, it is ordered that the delay will stand condoned subject to the following conditions;
i). The appellants will pay a sum of Rs.1,500/- to the Government through the office of the Advocate General within 10 days from today and produce receipt.
ii). The appellants will pay an equal amount to the High Court Legal Services Committee also within the same time limit and produce receipt.
Iii). In case the appeal is allowed and the appellants
LAA.No.227/201
4
becomes eligible for enhanced compensation such enhanced compensation will not carry interest otherwise admissible under Section 28 of the L.A.Act during the period of 219 days condoned by this order.
On the assumption that the conditions will be complied with, we are taking up the appeal for admission.
PIUS C.KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN, JUDGE.
dpk
2 issues framed by the court
Whether the market value of land under acquisition should be refixed based on a prior judgment.
Whether the delay in filing the conditional order should be condoned.
Colour shows how this judgement treated each authority
L.A.A. No.1101/2009Relied on¶25
2 provisions across 1 enactments
SIVAN
GIRIJA
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
