The High Court disposed of a land acquisition appeal filed by the State challenging the enhancement of compensation rates by the reference court. The court held the reference court was justified in enhancing the rate based on a precedent judgment and dismissed the appeal.
The land acquisition appeal was dismissed without any order as to costs.
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
THURSDAY, THE 12TH DAY OF SEPTEMBER 2013/21ST BHADRA, 1935
LA.App..No. 787 of 2008 ( )
LAR 306/1990 of ADDL.SUB COURT,KOLLAM
APPELLANT(S)/RESPONDENTS:
STATE OF KERALA
BY GOVERNMENT PLEADER SRI.A.J.JOSE
RESPONDENT(S)/CLAIMANT:
LAA 787/08
VANACHI PURAYIDOM, VANCHIKUNNAM VILLAGE.
VANACHI PURAYIDOM, VANCHIKUNNAM VILLAGE.
ADDITIONAL RESPONDENTS 5 TO 22 IMPLEADED AS LEGAL HEIRS OF DECEASED R1 AND R3 VIDE ORDER DT.12/9/13 IN I.A.1041/10 IN LAA.787/08
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
uj.
THOMAS P.JOSEPH, J.
========================= L.A.A. No. 787 of 2008
============================ Dated this the 12th day of September, 2013
J U D G M E N T
This appeal arises from the judgment and decree dated 30.03.2005 in LAR No. 306 of 1990 of the Additional Sub
Court, Kollam. The State is aggrieved and has preferred this appeal.
L.A.A No. 787 of 2008
2
judgment in LAR No. 265 of 1988 of the said court where, 4.35 Ares in survey No. 14771/12 of the same village was acquired for the same purpose and under the same notification. There, as against land value fixed by the LAO, the reference court fixed it at Rs.8,645/- per Are. However, taking into account version of AW.1 that Ext.A1, land has road frontage on two sides which facility the acquired land does not have, the reference court fixed land value at Rs.8,000/- per Are.
The appeal fails. It is dismissed without any order as
to costs.
Sd/- THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
1 issue framed by the court
Whether the enhancement of land acquisition compensation rate by the reference court Was reasonable and Justified.
1 provisions across 1 enactments
STATE OF KERALA
KATHIRUKUNJU ALIYARUKUNJU AND OTHERS
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
