The Kerala High Court dismissed the State's land acquisition appeal, rejecting the challenge to the Reference Court's enhanced compensation award for the respondent's land and structures, relying on a prior dismissal of an identical case.
Appeal dismissed; compensation order stands affirmed.
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 S.SIRI JAGAN &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 11TH DAY OF NOVEMBER 2013/20TH KARTHIKA, 1935
LA.App..No. 1129 of 2008 ( )
LAR. NO.327/2003 OF I ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.
APPELLANTS/RESPONDENTS:
1. STATE OF KERALA, (SPECIAL TAHSILDAR, LA, NH, KESAVADASAPURAM, THIRUVANANTHAPURAM), REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2. THE EXECUTIVE ENGINEER, PWD NH DIVISIONS, THIRUVANANTHAPURAM.
RESPONDENT/COMPLAINANT:
VILASINI, D/O. KAMALAMMA, CHERUVILAKATH VEEDU, T.C 3/2020 (1), KURRINGANOOR MURI, MADATHUVILAKOM, PATTOM PALACE P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.RAJU SEBASTIAN VADAKKEKKARA, SRI.S.KRISHNA KUMAR (TRIVANDRUM), SRI.ISSAC SAMUEL.
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 11-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
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L.A.A.No. 1129 of 2008
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Dated this the 11th day of November, 2013 J U D G M E N T
S.Siri Jagan, J.:
The State has filed this appeal challenging the judgment of the I Additional Sub Court, Thiruvananthapuram, in L.A.R.No. 327/2003. In the same, for the land acquired from the respondent as per a notification dated 28.4.1999 issued under Section 4(1) of the Land Acquisition Act, as against 3,18,416/per are fixed by the land acquisition officer, the reference court re-fixed the land value at 6,10,493/- per are. The compensation for value of structures was also re-fixed enhancing the same by 76,040/- as against 73,960/- fixed by the land acquisition officer. The State is challenging the said judgment of the court below. It is not disputed by the learned Government Pleader that L.A.A.No.764/2008 filed by the State against the judgment in L.A.R.No. 43/2003, where also figures are identical, and the properties are comparable, was dismissed by this Court.
L.A.A.1129/08 - : 2 :-
Accordingly, following that judgment, this appeal is also dismissed.
Sd/-
S.SIRI JAGAN, JUDGE
Sd/sdk+ K.RAMAKRISHNAN, JUDGE
///True copy///
P.A. to Judge
2 issues framed by the court
Whether the land acquisition appeal filed by the State against the reference court's order enhancing compensation should be allowed.
Whether the State is entitled to interfere with the re-fixation of land value and compensation for structures by the lower court.
1 provisions across 1 enactments
STATE OF KERALA
VILASINI
S.SIRI JAGAN
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
