On January 10, 2011, this court rejected a Land Acquisition Appeal by the State of Kerala. The court refused to grant time to cure defects to the Government. The appeal was rejected because enhancement rates for identical property acquired for the same purpose had already been approved by this court.
Land Acquisition Appeal rejected and 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
FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932
LA.App..No. 338 of 2010(D)
-------------------------LAR.137/2005 of I ADDL.SUB COURT,TRIVANDRUM
APPELLANT(S): RESPONDENT
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM
BY GOVERNMENT PLEADER SMT. T.T.HOSEPHINA
RESPONDENT(S): CLAIMANTS AND 2ND RESPONDENT
ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
LAA. No.338 of 2010
Dated this the 10th day of January, 2011
J U D G M E N T
Pius C.Kuriakose, J.
This appeal is coming in the defect list. We are not inclined to grant time to the Government for curing defects. We notice that enhancement at the rates granted under the impugned judgment for identical property acquired for the same purpose has been approved by this court. Hence this appeal is rejected.
(PIUS C.KURIAKOSE, JUDGE)
(N.K. BALAKRISHNAN, JUDGE)
ksv/-
2 issues framed by the court
Whether the Land Acquisition Appeal made against land compensation rates should be allowed.
Whether the State should be granted time to cure defects in the case.
State of Kerala, represented by the District Collector, Thiruvananthapuram
P. C. Thomas
The Secretary, TRIDA, Thiruvananthapuram
Pius C. Kuriakose
N. K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
