The Kerala High Court dismissed the State of Kerala's appeal against a land acquisition award. The court held that the compensation rate fixed by the reference court, aligned with a prior final judgment in a similar matter, was just and reasonable, warranting no interference.
Appeal dismissed; land acquisition award upheld.
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 HARUN-UL-RASHID
TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934
LA.App..No. 22 of 2003 ( )
AGAINST THE JUDGMENT IN LAR.541/1993 of SUB COURT, MAVELIKKARA DATED 25-10-2000
APPELLANT(S)/RESPONDENT:
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STATE OF KERALA.
BY ADV. GOVERNMENT PLEADER
RESPONDENT(S)/CLAIMANTS :
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1. KOCHUKUTTY, KOTTYSSERIL,MUTHUKULAM NORTH MUTHUKULAM VILLAGE.
2. RAJAMMA, KOTTYSSERIL, MUTHUKULAM NORTH,MUTHUKULAM VILLAGE.
3. RAJENDRAN, KOTTYSSERIL, MUTHUKULAM NORTH,MUTHUKULAM VILLAGE.
4. SURENDRAN, KOTTYSSERIL, MUTHUKULAM NORTH,MUTHUKULAM VILLAGE.
5. INDIRA, KOTTYSSERIL, MUTHUKULAM NORTH,MUTHUKULAM VILLAGE.
6. SREEVALSAN, KOTTYSSERIL, MUTHUKULAM NORTH,MUTHUKULAM VILLAGE.
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
HARUN-UL-RASHID,J.
L.A.A.NO. 22 OF 2003
DATED THIS THE 15TH DAY OF JANUARY, 2013
JUDGMENT
State of Kerala is the appellant. The appeal is directed
against the judgment and decree in LAR.No.541/1993 on the file of the Sub Court, Mavelikkara.
1,170/- per Are for the dry land, 742/- per Are for the wet land and 890/- per Are for thara. The reference court enhanced and re-fixed the land value at the rate of 6,669/- per Are for the dry land. The enhancement was granted on the basis of Ext.A1 which is the copy of the judgment dated 3/11/1999 ofthe same court in which for dry land in Sy.No.422 of the same village was acquired as per the same notification for the same purpose. In Ext.A1 the court revised the land value at the rate of `6,669/- per Are.
-2-
L.A.A.No.22/2003
On the basis of the land value fixed in Ext.A1 the reference court re-fixed the land value in the present case at the same rate. In Ext.A1 case the same land value was fixed by the Land Acquisition Officer, i.e. `1,170/- per Are. It is submitted that Ext.A1 judgment has become final.
In these circumstances, this Court is of the view that the land value fixed in the present case is just and reasonable. No valid grounds are made out for interference with the award passed by the court below. The appeal therefore fails and it is dismissed.
HARUN-UL-RASHID, JUDGE.
kcv.
1 issue framed by the court
Whether the land value fixed by the reference court based on a similar precedent is just and reasonable.
Colour shows how this judgement treated each authority
Ext.A1 judgment dated 3/11/1999Referred¶28
STATE OF KERALA
KOCHUKUTTY
RAJAMMA
RAJENDRAN
SURENDRAN
INDIRA
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court