Allowed a civil revision petition quashing an execution order for inadequate compensation in land acquisition proceedings, directing the court to re-determine the amount and grant solatium interest.
The order in E.P No.128/2003 was set aside; the execution court directed to re-determine compensation and grant interest on solatium.
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 V.CHITAMBARESH
WEDNESDAY, THE 14TH DAY OF NOVEMBER 2012/23RD KARTHIKA 1934
CRP.No. 213 of 2012 (A)
EP.NO.128/2003 IN L.A.R.NO.36/1991 of ADDL.SUB COURT,KOTTAYAM
REVISION PETITIONER(S)/PETITIONERS-DECREE HOLDER:
1. BABY MATHEW, ULLATTIL,
MANJOOR VILLAGE AND KARA.
2. OUSEPH MATHAI, KALIVELIL HOUSE, PARAMPARAM KARA, MUTTAMBALAM VILLAGE.
BY ADVS.SRI.MATHEW JOHN (K)
SRI.DOMSON J.VATTAKUZHY
RESPONDENT(S)/RESPONDENT-JUGDMENT DEBTOR:
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM-686001.
BY GOVERNMENT PLEADER
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
NS
V.CHITAMBARESH,J.
= = = = = = = = = = =
C.R.P No.213 of 2012
= = = = = = = = = = = == = = = = Dated this the 14th day of November, 2012
O R D E R
The petitioner invites my attention to the order dated 8-4-2010 in Cross Objection No.135/2004 in L.A No.260/2004 of this Court. The same reflects that the value of the land has been refixed at Rs.16,500/-per cent (Rs. 40,771/- per Are). But the execution court has adopted only Rs.35,272/- per Are in determining the compensation. Similarly the interest on solatium as recognised in Sunder's case has not been granted in quantifying the amount due. I have no option but to set aside the order in E.P No.128/2003 in L.A.R 36/1991 on the file of the Court of the Additional Subordinate Judge of Kottayam.
C.R.P No.213 of 2012
2
The Civil Revision Petition is disposed of.
V.CHITAMBARESH. JUDGE
smm
C.R.P No.213 of 2012 3
2 issues framed by the court
Whether the execution order fixing compensation below the revised land value should be set aside.
Whether interest on solatium as recognized in Sunder's case should have been granted.
1 provisions across 1 enactments
Baby Mathew & Ors.
State of Kerala
V. Chitambares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
