The Kerala High Court allowed part of the land acquisition appeal, modifying the order to re-fix land value at Rs. 17,297 per Are based on precedent. The court denied interest claims due to the statutory waiver applicable to delayed appeals.
The appellate award is modified to re-fix the land value at Rs. 17,297 per Are for the dry land.
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 1ST DAY OF JANUARY 2013/11TH POUSHA 1934
LA.App..No. 22 of 2012 () ------------------------LAR.218/2003 of SUB COURT, CHERTHALA
APPELLANT(S):
K.V.UNNIKRISHNAN S/O.VELAYUDHAN VAIDYAR, KOKKAPPALLIVELIYIL PALLIPPURAM P.O., CHERTHALA.
BY ADVS.SMT.JEENA JOSEPH SRI.G.D.PANICKER
RESPONDENT(S):
BY ADV. SRI.JOBY CYRIAC, SC, KSIDC BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
al/-
HARUN-UL-RASHID,J.
L.A.A No. 22 of 2012
Dated this the 1st day of January 2013
JUDGMENT
The claimant in LAR No.218/2003 on the file of the Sub Court, Cherthala is the appellant. The appeal is directed against the Award in the said reference case.
L.A.A.No.22/2012 2
judgment of the reference court marked as Ext.A2. Ext.A2 is the common judgment in LAR 28/2001 and other connected cases.
L.A.A.No.22/2012 3
value is refixed at Rs. 17,297/- for the 5.16 Ares of dry land. No order as to cost.
Delay of 1228 days in filing the appeal was condoned by interim order dated 14.8.2012. In the said order it is made clear that in case, the appeal is allowed, the appellant is not entitled to interest under section 28 of the Land Acquisition Act for the period of delay. Petitioner is therefore not entitled to claim interest under section 28 of the Land Acquisition Act for the period of 1228 days.
Sd/- HARUN-UL-RASHID JUDGE
al/-
In paragraph 7 of the judgment dated 01/01/2013 in L.A.A.22/2012 at page 3 the word ”per Are” is inserted after Rs.17,297/- and the sentence “The appellant/claimant is entitled to eligible statutory benefits.” is inserted after the last sentence in paragraph 7, vide order dated 07/03/2013 in I.A.394/2013 in L.A.A.22/2012.
Sd/Registrar (Judicial)
2 issues framed by the court
Whether the appellant is entitled to the same land value rate as determined in connected cases where the award became final.
Whether the appellant is entitled to interest under section 28 of the Land Acquisition Act given the delay in filing the appeal.
1 provisions across 1 enactments
K.V.UNNIKRISHNAN
STATE OF KERALA
KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
