The Kerala High Court dismissed the land acquisition appeal challenging the fixation of land value. The Court held that the Reference Court's rate of Rs.38,979/- per Are for dry land on the municipal boundary was not excessive, confirming the award.
The appeal was dismissed; the Reference Court's land value award of Rs.38,979/- per are was confirmed.
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 HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 6TH DAY OF MARCH 2012/16TH PHALGUNA 1933
LA.App..No. 403 of 2003 ( )
LAR.69/2001 of ADDL.SUB COURT, NORTH PARAVUR
APPELLANT/RESPONDENT:
STATE OF KERALA
BY SR. GOVT. PLEADER SRI. C.R. SYAM KUMAR
RESPONDENTS/CLAIMANTS:
1. EZHAVA SAMAJAM, PARAVOOTHARA MURI.
2. SUKUMARAN, THEKKETHALAKKAL,
SRI.ANIL KUMAR SREEDHARAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
PIUS C.KURIAKOSE & A.V.RAMAKRISHNA PILLAI, JJ. ===================== L.A.A. NO. 403 OF 2003
===================== Dated this the 6th day of March 2012
JUDGMENT
Pius C.Kuriakose,J.
Even though this case pertains to acquisition of land in Paravur Village for the purpose of Parayakadavu – Cheriyapallathuruthu bridge pursuant to Section 4(1)notification dated 30/10/1998. The land was dry land and the Land Acquisition Officer included the same in category No.1 i.e. land enjoying direct frontage of road. He awarded land value at the rate of Rs.30,612/- per Are. The Reference Court on evaluating the evidence adduced by the parties, refixed the land value at the rate of Rs.38979/- per Are. Even though apparently serious grounds are raised assailing the award of the Reference Court and Sri C.R.Syam Kumar, learned Senior Government Pleader argued that the fixation presently done is not based on evidence., Having regard to the fact that the property in question is situated on the boundary of North Paravur which is one of the ancient Municipalities in the part of the State and
LAA 403/2003 -2-
the market value of the similar lands in the neighbouring localities more, we do not think that the rate presently fixed is excessive. We confirm the same and the appeal is dismissed. No costs.
Sd/- PIUS C.KURIAKOSE, JUDGE
sd/A.V.RAMAKRISHNA PILLAI, JUDGE
ks.
True copy
P.s.to Judge
2 issues framed by the court
Whether the land value fixed by the Reference Court at Rs.38,979/- per Are for dry land with direct road frontage is excessive based on the evidence.
Whether the acquisition for Parayakadavu bridge at Paravur Village necessitates remanding the matter for fresh valuation.
1 provisions across 1 enactments
STATE OF KERALA
EZHAVA SAMAJAM, PARAVOOTHARA MURI
SUKUMARAN, THEKKETHALAKKAL
PIUS C.KURIAKOSE
A.V.RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
