Dismissed

State of Kerala v. Devaki and Others

Kerala HC21 Mar 2011LA.App./379/2009

Case brief

AI extract

What is this about?

In this land acquisition appeal concerning garden lands in Vengeri village acquired for the Kozhikode byepass, the Reference Court enhanced the compensation from Rs.14,500/- to Rs.55,000/- per cent. The Court upheld the enhancement as justifiable based on prior judgments regarding similar acquisitions in the same village.

What did the court decide?

The land acquisition appeal is dismissed without order as to costs.

State of Kerala Vs Devaki and Others — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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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. 379 of 2009(D) ------------------------------LAR.385/1999 of PRL.SUB COURT, KOZHIKODE ....................

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APPELLANT(S)/RESPONDENT:

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STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, LA NH II,KOZHIKODE

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BY GOVERNMENT PLEADER (SR.) SMT.LATHA T. THANKAPPAN

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RESPONDENT(S)/CLAIMANTS:

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DEVAKI, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O. KOZHIKODE.

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MOHANDAS, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O,KOZHIKODE.

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PRASASAN, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O.KOZHIKODE

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PRADEEPKUAR, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARABA PO.KOZHIKODE

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GEETHA BAI, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O. KOZHIKODE

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LAA.379/2009

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-2-

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AJITHAKUMARI, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O. KOZHIKODE

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SUNILKUMAR, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O., KOZHIKODE.

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SHEEBALATHA, ELAYAMBARI HOUSE, FLORICAN HILL ROAD, MALAPARAMBA P.O., KOZHIKODE.

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ADV. SRI.JACOB ABRAHAM FOR R1 TO 8

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SMT.KOCHUMOL KODUVATH FOR R1 TO 8

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.

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L. A. A. No.379 of 2009

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Dated this the 21^st day of March, 2011

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JUDGMENT

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Pius C. Kuriakose, J

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Even though several apparently attractive grounds

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have been raised and Smt.Latha T. Thankappan, the learned Senior Government Pleader addressed strenuous arguments based on those grounds, we are not inclined to interfere with the impugned judgment. The property was in Vengeri village. The acquisition was for Kozhikode byepass. The Land Acquisition Officer awarded value for the lands (garden lands) at Rs.14,500/- per cent. The Reference Court under the impugned judgment, re-fixed the same at Rs.55,000/per cent. According to us, the award of the Reference Court is justifiable in view of various judgments of this Court dealing with acquisition of land for the same purpose in the

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L. A. A. No.379 of 2009

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-2-

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same village. Hence, this appeal is dismissed, however,

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without any order as to costs.

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PIUS C. KURIAKOSE JUDGE

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N. K. BALAKRISHNAN JUDGE

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kns/-

State of Kerala v. Devaki and Others

Case brief

What is this about?

What did the court decide?

State of Kerala v. Devaki and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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