The Kerala High Court dismissed the State's land acquisition appeal. The reference Court fixed land value at `10,000/- per Are, deemed the LAO's rate of `1,053/- per Are low, and the court found the reference Court's rate not excessive.
The appeal is dismissed in limine. The land acquisition compensation order is 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 THOMAS P.JOSEPH
TUESDAY, THE 10TH DAY OF SEPTEMBER 2013/19TH BHADRA, 1935
LA.App..No. 364 of 2013 ()
ORDER/JUDGMENT IN LAR 70/2009 of SUB COURT, CHENGANNUR DATED 20-072010
APPELLANT/1ST RESPONDENT:
STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, LA, RAILWAYS KAYAMKULAM.
BY ADV. GOVERNMENT PLEADER: SRI A J JOSE
RESPONDENT(S)/CLAIMANTS AND 2ND RESPONDENT:
1. GOPALAN NAIR KEESHEDATHY KALEEKKAL, CHERIYANADU VILLAGE CHENGANNUR TALUK-689 121.
2. THE DEPUTY CHIEF ENGINEER SOUTHERN RAILWAYS, ERNAKULAM SOUTH-682 011.
R2 BY ADV. SRI.JOHN MATHEW,SC, RAILWAYS R1 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) R1 BY ADV. SRI.A.R.DILEEP R1 BY ADV. SRI.MANU SEBASTIAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
=========================
L.A.A.No.364 of 2013
============================ Dated this the 10th day of September, 2013
J U D G M E N T
Respondents 1 and 2 appear through counsel.
1,053/- per Are. On a reference, learned Sub Judge fixed land value at 10,000/- per Are. Hence the appeal at the instance of the State.award.
acquired land. Ext.R1 shows that there was no road access to the
L.A.A.No.364 of 2013
2
acquired land. Ext.A1 is a copy of sale deed dated 14.12.2000 in respect of 2.38Ares and tiled house with three rooms and a kitchen, sold for 2,00,000/-. Reference court did not act upon Ext.A1 for the reason that value of the land is not discernible from Ext.A1. Reference court relied on the decision in **Shaji Kuriakose Vs. Indian Oil Corporation Ltd. (2002(1) KLT 381),** held that land value fixed by the LAO is low and redetermined land value at 10,000/- per Are.
The appeal is dismissed in limine.
Sd/- THOMAS P.JOSEPH, JUDGE
Sbna
P A to Judge
True Copy
3 issues framed by the court
Whether the redetermined land value at `10,000/- per Are by the reference Court is excessive calling for interference.
Whether the reference Court erred in not acting upon Ext.A1 (sale deed) for determining land value.
Whether the appellate court can interfere with the redetermined land value on the ground of difference from LAO's assessment.
Colour shows how this judgement treated each authority
Shaji Kuriakose Vs. Indian Oil Corporation Ltd.Referred¶25
Shaji Kuriakose Vs. Indian Oil Corporation Ltd. (2002(1) KLT 381)
1 provisions across 1 enactments
STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, LA, RAILWAYS KAYAMKULAM
GOPALAN NAIR KEESHEDATHY KALEEKKAL
THE DEPUTY CHIEF ENGINEER SOUTHERN RAILWAYS, ERNAKULAM SOUTH
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court