The High Court of Kerala dismissed land acquisition appeals preferred by the Inland Waterways Authority of India against an award enhancing land value and shifting charges, holding that the awards were not exorbitant.
Appeals by the requisitioning authority against the land acquisition award were 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 THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932
LA.App..No. 47 of 2011() -----------------------LAR.28/2003 of ADDL.SUB COURT,KOLLAM ....................
APPELLANT(S): ADDL.2ND RESPONDENT
INLAND WATERWAYS AUTHORITY OF INDIA, REGIONAL OFFICE AT PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682 018, (NOW OFFIE AT HOUSE NO.1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI-682 304), REPRESENTED BY ITS DIRECTOR.
BY ADV. SRI.V.SANTHARAM, SC, IWAI
RESPONDENT(S): CLAIMANT AND FIRST RESPONDENT
BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2011, ALONG WITH L.A.A. NO.91/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A..Nos.47, 50,73,81,91 OF 2011
Dated this the 20th day of January, 2011
JUDGMENT
Pius C.Kuriakose, J.
These are all appeals preferred by the requisitioning authority- Inland Waterways Authority of India challenging the award passed by the Reference Court granting to the claimants' enhancement at 60% over what was awarded by the Land Acquisition Officer. Under the impugned award, it is seen that the Court below has awarded different amounts towards shifting charges also. While in certain cases Rs.5,000/- is awarded. In other cases Rs.7,000/- and upto Rs.10,000/- is awarded.
the award of the enhanced land value as well as award of shifting charges. As for the enhanced land value, we notice the other judgments of this court approving enhancement of the
LAA.Nos.47/2011 & others 2
land value by 60%, thus it is not possible to entertain these appeals to the extent the same pertain to the award of enhanced land value.
These appeals will stand dismissed. However, we make it clear that in case the respondents/claimants come up in appeals against the impugned award, it will be open to the appellant to resist those appeals on the basis of all the grounds raised in these appeals.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk
LAA.Nos.47/2011 & others
3
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE dpk
1 issue framed by the court
Whether the High Court Appeal against a land acquisition award for enhancement of value and shifting charges can be entertained?.
INLAND WATERWAYS AUTHORITY OF INDIA
FREDI
STATE OF KERALA
PIUS C.KURIAKOSE
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
