The Court reduced the land value fixed for an acquisition appeal to align with similar precedents. The compensation rate was lowered from the court's assessment to `6,10,000/- per Are.
Land value reduced and refixed at 6,10,000/- per Are.
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 K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
LA.App..No. 687 of 2012 (B)
LAR.853/2008 OF II ADDL.SUB COURT,THIRUVANANTHAPURAM
APPELLANTS: RESPONDENTS:
BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL
RESPONDENT: CLAIMANT:
KRISHNAN ASSARI T.C 20/2157, KARAMANA PIN 695 002.
BY ADV. SMT.M.HEMALATHA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 17-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
L.A.A. NO. 687 OF 2012 B
Dated this the 17th day of December, 2012
JUDGMENT
K.T.Sankaran, J.
The State is aggrieved by the judgment and decree dated 28.1.2011 in L.A.R.No.853 of 2008 on the file of the Court of the II Additional Subordinate Judge, Thiruvananthapuram.
1,64,673/- per Are. The Land Acquisition Court enhanced the land value and re-fixed the same at 9,88,000/- per Are.L.A.A. NO. 687 OF 2012 B
:: 2 ::
Are in respect of a similar land acquired for the same purpose. In L.A.A.No.132 of 2010 also, land value was fixed at `6,10,000/- per Are and that judgment was relied on in L.A.A.No.592 of 2011.
In view of the judgments in the aforesaid Land Acquisition Appeals, this Land Acquisition Appeal is also partly allowed and the land value fixed by the Land Acquisition Court is reduced and refixed at `6,10,000/- per Are.
(K.T.SANKARAN) Judge
(M.L.JOSEPH FRANCIS) Judge
ahz/
1 issue framed by the court
Whether land value fixed by the Land Acquisition Court be reduced and refixed to align with judgments in similar land acquisition appeals regarding the same purpose.
1 provisions across 1 enactments
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
THE SPECIAL TAHSILDAR (LA(NH)) THIRUVANANTHAPURAM
KRISHNAN ASSARI
K.T.SANKARAN
M.L.JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court