The High Court dismissed two Civil Revision Petitions challenging low compensation awards for land acquisition. The Court held the assessed compensation was based on evidence and involved no error of jurisdiction, thus calling for no interference.
Civil Revision Petitions failed and 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 V.CHITAMBARESH
TUESDAY, THE 6TH DAY OF NOVEMBER 2012/15TH KARTHIKA 1934
CRP.No. 618 of 2009 ( )
OP(ELE).153/2005 of ADDL.DISTRICT COURT, ALAPPUZHA.
REVISION PETITIONER(S)/REVISION PETITIONER:
THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHUDHI BHAVAN PATTOM, THIRUVANANTHAPURAM.
BY ADVS.SRI.C.K.KARUNAKARAN, SC FOR KSEB
SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN,SC,K.S.E.BOARD
RESPONDENT(S):
SISTER JERRY
MOTHER SUPERIOR, OUR LADY OF MERCY CONVENT, AROOR CHERTHALA TALUK.
R1 BY ADV. SRI.MATHEWS K.PHILIP R1 BY ADV. SMT.T.MANASY
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-11-2012 ALONG WITH C.R.P.NO.619/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.CHITAMBARESH, J.
C.R.P.Nos. 618 & 619 of 2009 ------------------------------- Dated this the 6th day of November, 2012
O R D E R
Only a meagre amount of compensation has been awarded in both the cases towards the diminution in land value and value of yielding trees cut. Only a sum of Rs.10,517/- has been granted as additional compensation towards the value of the trees cut and that too based on the valuation statement.
The Civil Revision Petitions fail and are dismissed.
V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether the compensation awarded for diminution in land value and trees cut warrants interference.
Whether an error of jurisdiction exists in the impugned orders under Section 115 CPC.
1 provisions across 1 enactments
The Secretary, Kerala State Electricity Board
Sister Jerry
Mother Superior, Our Lady of Mercy Convent
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
