This appeal challenged the re-fixing of land value by the reference court in a land acquisition case. The court approved the reliance by the reference court on a prior similar award to enhance the compensation amount.
The appeal against the enhanced land compensation award is dismissed.
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. 806 of 2012
[AGAINST THE JUDGMENT AND DECREE DATED 10/04/12 IN LAR.NO.27/2010 OF THE SUB COURT, THODUPUZHA]
APPELLANTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI.
2. THE EXECUTIVE ENGIEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, IDUKKI.
BY GOVERNMENT PLEADER SRI. A.J. JOSE.
RESPONDENT/CLAIMANT:
ULAHANAN MATHAI, PALATHINKAL HOUSE, THODUPUZHA, PIN-685 684.
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
THOMAS P.JOSEPH, J.
========================= L.A.A. No. 806 of 2012
============================ Dated this the 10th day of September, 2013
J U D G M E N T
This appeal arises from the judgment and decree of learned Sub Judge, Thodupuzha in LAR No.27 of 2010 awarding enhanced land value and other benefits to the respondents.
L.A.A No. 806 of 2012
2
correct in re-fixing land value at Rs.1,90,000/- per Are (giving enhancement of Rs. 1,16,600/- per Are over and above what the LAO had awarded).
L.A.A No. 806 of 2012
3
court is justified in relying on Ext.A4, judgment and re-fixing the land value. I do not find reason to interfere.
The appeal fails. It is dismissed.
Sd/- THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
1 issue framed by the court
Whether the reference court was justified in re-fixing land value based on a prior judgment in a similar acquisition case.
1 provisions across 1 enactments
THE STATE OF KERALA
ULAHANAN MATHAI
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
