An appeal by the State against a regularization of land acquisition value for Veli Tourism. The High Court examined the award and upheld the enhanced compensation rate of `1,00,000 per Are as just and reasonable, dismissing the appeal.
The appeal was dismissed; the enhanced compensation amount stands regularized.
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 &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 22ND DAY OF MAY 2014/1ST JYAISHTA, 1936
LA.App..No. 1170 of 2008 ( )
AGAINST THE JUDGMENT IN LAR 71/2003 of I ADDL.SUB COURT,THIRUVANANTHAPURAM DATED 29-10-2007
APPELLANT/RESPONDENT NO.1:
STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
GOVERNMENT PLEADER SMT.ROSE MICHAEL
RESPONDENTS/CLAIMANT & RESPONDENT NO.2:
DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID & ALEXANDER THOMAS,JJ.
L.A.A. NO. 1170 OF 2008
DATED THIS THE 22ND DAY OF MAY, 2014
JUDGMENT
Harun-Ul-Rashid, J.
State is the appellant. The appeal is directed against the judgment and decree dated 29/10/2007 in LAR.No.71/2003 on the file of the I Additional Sub Court, Thiruvananthapuram. The reference court fixed the land value at `1,00,000/- per Are. Being aggrieved by the quantum of compensation awarded the appeal is preferred.
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L.A.A.No.1170/2008
fixed by the Land Acquisition Officer is too low and does not reflect the real market value of the land prevailed in the locality.
On going through the materials and findings recorded by the court below, we are of the view that the amount fixed by the court below is just and reasonable. We do not find any reason to interfere with the award passed by the court below.
The appeal fails and accordingly dismissed.
HARUN-UL-RASHID,
ANIL K.NARENDRAN, Judge.
kcv.
1 issue framed by the court
Whether the fixed compensation amount under the Land Acquisition Act is just and reasonable.
State of Kerala
Soudhamini
The Director, Department of Tourism
Harun-ul-Rashid
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
