Dismissed

General Manager v. K.K. Abdul Majeed

Kerala HC3 Mar 2011LA.App./522/2002

Case brief

AI extract

What is this about?

This land acquisition appeal by the Railway and requisitioning authority challenging the market value awarded by the reference court was finally heard and dismissed. The court held that the fixed market value of Rs.40,800/- per Are was not excessive given the property's location in Guruvayur township.

What did the court decide?

The appeal by the Railway and requisitioning authority was dismissed without any order as to costs.

General Manager Vs K.K. Abdul Majeed — Land Acquisition | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932

¶3

LA.App..No. 522 of 2002(A) ----------------------------LAR.39/1994 of II ADDL.SUB COURT,THRISSUR ....................

¶4

APPELLANT(S): RESPONDENTS 1 & 3 -------------------------------

¶5

1. GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.

¶6

2. EXECUTIVE ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY,ERNAKULAM.

¶7

BY ADV. SRI.K.V.SADANANDA PRABHU,SR.SC.RAILWAYS SRI.JAMES KURIAN, SC, RAILWAYS

¶8

RESPONDENT(S): CLAIMANT & 1ST RESPONDENT

¶9

--------------------------------------------------------

¶10

1. K.K.ABDUL MAJEED, S/O. VEERAVU, KARANAKKOTT HOUSE, P.O.GURUVAYUR.

¶11

2. SPECIAL TAHSILDAR (L.A.), RAILWAY NO.-II THRISSUR.

¶12

R2 BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA

¶13

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

¶14

3-3-2011

¶15

Order on C.M.P.No.2146/02 In LAA 522/02

¶16

Dismissed

¶17

Sd/- PIUS C. KURIAKOSE,JUDGE. Sd/-N.K. BALAKRISHNAN,JUDGE.

¶18

[true copy]

¶19

P.S.to Judge.

¶20

PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 522 OF 2002 = = = = = = = = = = = = = = = = Dated this the 3^rd day of March, 2011.

¶21

J U D G M E N T

¶22

Pius C. Kuriakose, J.

¶23

The Railway and the requisitioning authority are in appeal. The property was within the area of Guruvayur township. The acquisition was pursuant to S.4(1) notification published on 28.9.89. The Land Acquisition Officer awarded the value at the rate of Rs.27,000/- per Are for the dry land. The Reference court on evaluating the evidence adduced by the parties which consisted of Exts.A1, R1 to R4 and X1 Commissioner and X1(a) sketch and the oral evidence of AWs.1 and 2 and RWs.1 and 2, would come to the conclusion that the correct market value of the property at the relevant time is Rs.40,800/- per Are. Even though several other grounds are raised and Sri. James Kurian, Standing Counsel for the revision petitioner has argued on the basis of those grounds, on going through the

¶24

L.A.A. NO. 522 OF 2002

¶25

-:2:-

¶26

impugned judgment and having taken into account the fact that the property was lying within the limits of Guruvayur township it is very clear to us that the market value fixed under the impugned judgment is not excessive. Therefore the appeal will stand dismissed however without any order as to costs.

¶27

PIUS C. KURIAKOSE,JUDGE.

¶28

N.K. BALAKRISHNAN,JUDGE.

¶29

ul/-

¶30

L.A.A. NO. 522 OF 2002

¶31

-:3:-

¶32

PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = L.A.A. No. 522 OF 2002

¶33

= = = = = = = = = = =

¶34

J U D G M E N T

¶35

3^rd March, 2011.

General Manager v. K.K. Abdul Majeed

Case brief

What is this about?

What did the court decide?

General Manager v. K.K. Abdul Majeed

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sarojini Ramadevi Vs State of Kerala

V.Krishnan Asari Vs the State of Kerala & Others

Margret Sunny Vs State of Kerala

Soj, S/O.Kamalolbhavan Vs State of Kerala

State Vs Devaki Amma

K.v.Gouri Vs the Special Tahsildar