The Appellant State challenged an enhanced land value fixed by the Sub Court. The High Court, noting that the property was comparable to one in an earlier appeal, dismissed the present appeal following that precedent without detailed fresh analysis of the value.
Appeal dismissed following the judgment in a comparable earlier appeal.
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
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2013/15TH KARTHIKA, 1935
LA.App..No. 1230 of 2005
LAR NO.178/2000 OF PRINCIPAL SUB COURT, KOZHIKODE DATED 26-03-2003
APPELLANT(S)/RESPONDENT::
STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) N.H.NO.I, KOZHIKODE.
BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN
RESPONDENT(S)/CLAIMANT::
JAYAN, S/O. VASUDEVAN, EDAKKADATHIL KOTTOOLI AMSOM, PARAYANCHERI DESOM, P.O. KUTHIRAVATTOM, CALICUT-16, REPRESENTED BY POWER OF ATTORNEY HOLDER K.T.RAMESAN, OTHAYAMANGALTH KOTTOOLI AMSOM, PARAYANCHERI DESOM.
BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
==================
L.A.A.No. 1230 of 2005
==================
Dated this the 6th day of November, 2013 J U D G M E N T
S.Siri Jagan, J.:
The State is the appellant in this appeal. Certain properties belonging to the respondent herein were acquired by the State as per a notification dated 24.1.1998 under Section 4(1) of the Land Acquisition Act. The land acquisition officer fixed land value at 11,498/- per cent. On reference, in L.A.R.No. 178/2000, the Sub Court, Kozhikode enhanced the same to 45,000/- per cent. The State has filed this appeal challenging the land value fixed by the Sub Court.
2. We have heard the parties.
l.a.a.1230/05 - : 2 :-
judgment dated 25.7.2012. It is not in dispute before us that the property in L.A.A.No.487/2005 is comparable to the property involved in this appeal. Therefore, following the judgment in L.A.A.No. 487/2005, this appeal is dismissed.
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Sd/S.SIRI JAGAN, JUDGE Sd/K.RAMAKRISHNAN, JUDGE
///True copy///
P.A. to Judge
1 issue framed by the court
Whether the appeal challenging the enhanced land value fixed by the Sub Court should be allowed or dismissed in light of a comparable precedent.
1 provisions across 1 enactments
STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) N.H.NO.I, KOZHIKODE
JAYAN AND ANR.
S. SIRI JAGAN
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
