Dismissed

Inland Waterways Authority of India v. Pankajakshan

Kerala HC20 Jan 2011LA.App./46/2011

Case brief

AI extract

What is this about?

The court consolidated multiple Land Acquisition Appeals filed by an Indian requisitioning authority challenging enhanced compensation. Dismissing all appeals, the court declined to entertain arguments that claimed enhancement was excessive, while reserving the appellant's right to challenge the underlying award before the appropriate forum.

What did the court decide?

The Land Acquisition Appeals filed by the Inland Waterways Authority of India are dismissed.

Inland Waterways Authority of India Vs Pankajakshan — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932

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LA.App..No. 46 of 2011() -----------------------LAR.18/2004 of ADDL.SUB COURT,KOLLAM ....................

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APPELLANT(S): ADDL. 2ND RESPONDENT

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INLAND WATERWAYS AUTHORITY OF INDIA, REGIONAL OFFICE AT PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, (NOW OFFICE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI-682 304), REPRESENTED BY ITS DIRECTOR.

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BY ADV. SRI.V.SANTHARAM, SC, IWAI

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RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT

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PANKAJAKSHAN, KUMARAMANGALATHU, AZHEEKKALTHURA, ALAPPAD, KOLLAM.

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STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.

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BY GOVT.PLEADER SMT.T.T.JOSEPHINA

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2011, ALONG WITH L.A.A. NO.77/2011 AND CONNECTED CASES 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.Nos. 46,48,49, 69,71,72,74,75,77,78,79,80,82,83,84,85, 86,87,88,89,92,93 OF 2011

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Dated this the 20^th day of January, 2011 JUDGMENT

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Pius C.Kuriakose, J.

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All these are appeals preferred by the requisitioning authority- Inland Waterways Authority of India challenging the award of enhanced compensation granted by the Reference Court for the claimants' properties which were acquired for the purpose of the appellant. The properties were situated in various villages of Kollam District.

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Having gone through the impugned judgment, what we noticed is that the enhancement granted under the impugned judgment is 60% or below the value that was awarded by the Land Acquisition Officer. We notice the earlier judgments of this court pertaining to acquisition for the same purpose in Kollam district and find that enhancement upto 60% over what was awareded by the LAO has been approved by this court.

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Under these circumstances, we are not inclined to

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LAA.No.46/2011 2

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entertain any of these appeals. These appeals will stand dismissed. However, we make it clear that in case any of the claimants come up in appeal against the impugned award, this judgment will not prevent the appellant - requisitioning authority from raising all available grounds against the award including the grounds raised herein for supporting the impugned awards.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

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dpk

Inland Waterways Authority of India v. Pankajakshan

Case brief

What is this about?

What did the court decide?

Inland Waterways Authority of India v. Pankajakshan

Case brief

What is this about?

What did the court decide?

What the court decided

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