The High Court of Kerala allowed a land acquisition appeal, fixing the market value of the land at Rs. 17,50,000 per Are and entitled the claimant to benefits under the Land Acquisition Act without costs.
Appeal allowed; market value re-fixed at Rs. 17.5 lakhs per Are; statutory benefits granted under Sections 23(2), 23(1A) and 28.
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 WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933
LA.App..No. 704 of 2010(A) ------------------------------LAR.157/2008 of II ADDL.SUB COURT,TRIVANDRUM ....................
APPELLANT(S): RESPONDENT NO.1 IN LAR
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA
RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR
ADV. SRI.R.S.KALKURA FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
L. A. A. No.704 of 2010
Dated this the 30th day of March, 2011
JUDGMENT
Pius C. Kuriakose, J
It is brought to our notice by both sides that the issue raised in
this appeal is covered to a certain extent in favour of the Government. Relying on the judgment of this Court in L.A.A.1399/09, we allow the appeal to the extent of re-fixing the market value of the land under acquisition at Rs.17,50,000/- per Are. The claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. The appeal will stand allowed as above, however, without any order as to costs.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
-2-
2 issues framed by the court
Whether the market value of the land under acquisition should be re-fixed at Rs. 17,50,000/- per Are.
Whether the claimant is entitled to statutory benefits under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act.
Colour shows how this judgement treated each authority
L.A.A. 1399/09Followed¶21
3 provisions across 1 enactments
S. Anil Kumar
Jayakumar
State of Kerala
Secretary, TRIDA, Thiruvananthapuram
Pius C. Kuriakose
N. K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
