The Kerala High Court allowed the land acquisition appeal, refixing the land value at Rs.2,500/- per cent. The court held appellants are eligible for statutory benefits under the relevant sections of the Land Acquisition Act on the enhanced compensation.
Land value refixed at Rs.2,500/- per cent; parties directed to suffer respective costs.
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 3RD JANUARY 2011 / 13TH POUSHA 1932
LA.App..No. 273 of 2009() ---------------------------------LAR.435/2001 of SUB COURT, THALASSERY ....................
APPELLANT(S)/CLAIMANTS :-
-----------------------------------------
1. N.P.ASMA, W/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA.
2. NELLIYATTU PUTHIYAPURAYIL SHEMENA, D/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA
3. NELLIYATTU PUTHIYAPURAYIL SHAHILA D/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA
4. NELLIYATTU PUTHIYAPURAYIL RUFAIDA D/O.MAYAN, SHAMEER MANZIL, KUMMANAM PO, ELAMPARA
BY ADV. SRI.CIBI THOMAS
RESPONDENT(S)/RESPONDENT :-
---------------------------------------------
SPECIAL TAHSILDAR (LA) FOR AIRPORT KANNUR AT MATTANNUR.
SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A. No.273 of 2009
Dated this the 3rd day of January 2011
J U D G M E N T
Pius C. Kuriakose, J.
The claimants are in appeal. The property under acquisition was in Keezhallur amsom and the purpose of acquisition was the construction of Kannur Air Port Project. The Land Acquisition Officer awarded land value at the rate of Rs.682/- per cent. The Reference Court on evaluating the evidence which consisted of oral evidence of AW1 and based on the documentary evidence Ext.B1 would refix the land value at the rate of Rs.1,500/- per cent for a total extent of 1 acre and 94 cents. In this appeal the claim is that the land value be refixed at the rate of Rs.2,500/- per cent.
L.A.A. No.273 of 2009
-: 2 :-
one among us [PCK(J)] was a party. It is seen in the judgments that, for identical lands this Court refixed the land value at the rate of Rs.3,000/- per cent. Even though there is justification to grant value of land under acquisition at Rs.3,000/- per cent, as the claim is limited to Rs.2,500/- per cent, the appeal will stand allowed to the extent of refixing land value at Rs.2,500/- per cent. It is accordingly refixed.
The appeal is allowed to the above extent. Parties are directed to suffer their respective costs. It is needless to mention that the appellants will be eligible for all statutory benefits admissible to them under Sections 23(2), 23(IA) and Section 28 of the L.A.Act also on the enhanced compensation.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN,
Jvt
2 issues framed by the court
Whether the claim for refixing land value at Rs.2,500/- per cent is entitled to succeed.
Whether statutory benefits under Sections 23(2), 23(IA) and Section 28 are admissible on enhanced compensation.
Colour shows how this judgement treated each authority
L.A.A. Nos.1634/2008 and 1696/2008Referred¶2
1 provisions across 1 enactments
N.P. ASMA, NELLIYATTU PUTHIYAPURAYIL SHEMENA, NELLIYATTU PUTHIYAPURAYIL SHAHILA, NELLIYATTU PUTHIYAPURAYIL RUFAIDA
SPECIAL TAHSILDAR (LA) FOR AIRPORT KANNUR AT MATTANNUR
PIUS C. KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
