Single judge court allowed the land acquisition appeal, ordering a nominal re-fixing of the market value of the land from Rs. 27,000 per cent to Rs. 26,000 per cent for the benefit of the claimants.
Refixed the market value of the land at Rs. 26,000 per cent and granted entitlement to statutory benefits under specific sections of the Act.
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 TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932
LA.App..No. 85 of 2010(S) ------------------------(LAR NO.95 OF 2007 OF THE SUB COURT, KOYILANDY)
APPELLANT(S): RESPONDENT
BY GOVERNMENT PLEADER SMT.LATHA T.T.HANKAPPAN
RESPONDENT(S): CLAIMANT
EDOLI SAKEENA, THEVADATH MEETHAL, NADUVANNUR VILLAGE, KOYILANDY TALUK.
ADV. SRI.N.SUBRAMANIAM FOR R
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2011, ALONG WITH L.A.A. NO.103/2010 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A.Nos.85,103 & 179 OF 2010
Dated this the 1st day of February, 2011
JUDGMENT
Pius C.Kuriakose, J.
Having gone through the impugned judgment and having considered the extensive submissions addressed before us by the learned senior Government Pleader Smt.Latha T.Thankappan, and Sri.N.Subramaniam, learned counsel for the respondent/claimants, we feel that the impugned judgment warrants interference only to a nominal extent.
The appeals will stand allowed to the extent of refixing the market value of the land under acquisition at Rs.26,000/- per cent instead of Rs.27,000/- per cent awarded under the impugned judgment. The claimants/respondents will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the total refixed
LAA.No.85/2010 & others
2
compensation to which they become eligible by virtue of this judgment.
The parties will suffer their respective costs.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk
1 issue framed by the court
Whether the impugned judgment regarding the market value of the land under acquisition warrants interference.
1 provisions across 1 enactments
State of Kerala Rep. by Special Tahsildar (LA) Koyilandy
The Executive Engineer, P.W.D. Roads Division
Edoli Sakeena
Pius C. Kuriakose
N. K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
