State of Kerala v. Gracy
Case brief
What is this about?
In an appeal challenging the reference court's fixation of land value for acquisition for a government road, the High Court held the enhanced rate justified and dismissed the appeal.
What did the court decide?
The appeal filed by the State and Executive Engineer was dismissed in limine. Pending applications were dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2013/15TH BHADRA, 1935
LA.App..No. 817 of 2012 (D)
ORDER/JUDGMENT IN LAR 12/2010 of SUB COURT,THODUPUZHA DTD 04-02-2012
APPELLANTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI.
2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENTS, ROADS DIVISION, IDUKKI.
BY GOVERNMENT PLEADER: ADV.SRI.A J JOSE
RESPONDENTS/CLAIMANTS & 3rd RESPONDENT:
1. GRACY W/O.DEVASSIA, THEKKEL HOUSE, THALAMATTOM KARA PIN-685 587.
Issues for consideration
3 issues framed by the court
Whether the land value re-fixed by the reference court at ₹1,90,000/- per Acre being excessive warrants interference by the appellate court.
Whether the evidence regarding similar properties abutting school land justifies the enhanced valuation.
Whether the reference court's determination of land value was supported by evidence and reasons.
Parties & counsel
- appellant
STATE OF KERALA
- appellant
THE EXECUTIVE ENGINEER PWD, ROADS DIVISION, IDUKKI
- respondent
GRACY W/O.DEVASSIA
- respondent
THE MANAGER UNION BANK, THODUPUZHA
Coram
Case details
As recorded by the court registry
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