The High Court of Kerala dismissed the land acquisition appeal preferred by the State of Kerala. The court refixed the land value by the Sub Court as reasonable and approved the same without entertaining the appeal.
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 THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932
LA.App..No. 44 of 2011()
------------------------
LAR.149/2008 of ADDL.SUB COURT, NORTH PARAVUR
APPELLANT: RESPONDENT
STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, ERNAKULAM.
BY GOVERNMENT PLEADER MS. LATHA T. THANKAPPAN
RESPONDENT: CLAIMANT
UNNIKRISHNAN WARRYAR, S/O.PARVATHY WARRYAR, THIRUMUPPATT, VARAPPUZHA P.O., PIN-683 517.
THIS LAND ACQUISITION APPEAL HAVING BEEN COME UP FOR ADMISSION 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER IN I.A. NO. 156 OF 2011 IN LAA NO. 44 OF 2011
DISMISSED
SD/ PIUS C. KURIAKOSE, JUDGE
SD/ N.K. BALAKRISHNAN, JUDGE
20.01.2011
/ /True copy//
P.A. TO Judge
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
---------------------------------L.A.A. No.44 of 2011
-----------------------------Dated this the 20th day of January 2011
J U D G M E N T
Pius C. Kuriakose, J.
We are not inclined to entertain this appeal preferred by the Government. The property was in Varappuzha Village. The purpose of acquisition was for construction of NH 17 from Varappuzha to Cheriyappilly. The acquisition was pursuant to Section 4(1) notification published on 31.3.2006. The L.A.Officer awarded land value at the rate of Rs.88,889/- per Are. The learned Addl. Sub Court, North Paravur on evaluating the evidence, refixed the same at Rs.1,89,156/- per Are. Even though apparently attractive submissions are addressed by the learned Senior Govt. Pleader, we take into consideration earlier decisions of this
L.A.A. No.44 of 2011
-: 2 :-
Court in respect of acquisition for the same purpose pursuant to earlier notification.
Considering the decision taken by this Court, the land value refixed by the learned Sub Judge cannot be said to be unreasonable. We approve the same. Appeal is dismissed.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN,
JUDGE.
Jvt
State of Kerala Rep. by the District Collector, Ernakulam
Unnikrishnan Waryar
Pius C. Kuriakose
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
