In a land acquisition appeal, the Kerala High Court refixed the market value of land at Rs.1,62,000 per are. The court allowed the appeal to this extent but dismissed the claim for building compensation due to lack of evidence.
Market value of land refixed at Rs.1,62,000 per are; statutory benefits granted; claim for building compensation 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
WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933
LA.App..No. 282 of 2010() -----------------------------LAR.87/2007 of PRINCIPAL SUB COURT,PARAVUR
APPELLANT(S): CLAIMANT -------------------------------
ELIZABTH, W/O.JOSEPH, AGED 70 YEARS, NADUMMUTTATH, OLANNADU KARA, VARAPPUZHA.
BY ADV. SRI.BIJU ABRAHAM
RESPONDENT(S): RESPONDENT
------------------------------------
STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) NO.III, VYTTILA.
BY GOVT.PLEADER SMT. T.T.JOSEPHINA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs.
PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 282 OF 2010 = = = = = = = = = = = = = = = = Dated this the 30th day of March, 2011.
J U D G M E N T
Pius C. Kuriakose, J.
Claimant is in appeal. Her property in
Alangadu village was acquired for the upgradation of N.H.17 from Varapuzha to Cheriyappilly. It is conceded by the learned Government Pleader Smt.T.T.Josephina, herself that the issue is covered to a certain extent in favour of the claimant. We also rely on the judgment in LAA 1130/09 and allow the appeal to the extent refixing the market value of the land at Rs.1,62,000/- per Are. We are unable to uphold the grounds pertaining to further compensation for the building in the absence of convincing evidence. The appeal is allowed to
L.A.A. NO. 282 OF 2010 -:2:-
the above extent only and the appellant will be entitled to all statutory benefits on the refixed compensation admissible under Sections 23(2), 23(1A) and S.28 of Land Acquisition Act and the parties are directed to suffer their respective costs.
PIUS C. KURIAKOSE,JUDGE.
N.K. BALAKRISHNAN,JUDGE.
ul/-
2 issues framed by the court
Whether the market value of the acquired land should be refixed in favour of the claimant.
Whether further compensation for the building is admissible absent convincing evidence.
Colour shows how this judgement treated each authority
LAA 1130/09Relied on¶18
1 provisions across 1 enactments
ELIZABTH W/O.JOSEPH
STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) NO.III VYTTILA
PIUS C. KURIAKOSE
N. K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
