In LA.A. 286 of 2012, the High Court of Kerala, sitting as a Land Acquisition Appeal Tribunal, dismissed the State's appeal against the Subordinate Judge's fixing of enhanced land value. The Court found no merit in challenging the valuation adopted from the Land Acquisition Officer's reliance on specific documents.
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 B.KEMAL PASHA
MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936
LA.App..No. 286 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN LAR 113/2009 of I ADDL.SUB COURT,TRIVANDRUM DATED 29-03-2011
APPELLANT(S)/IST RESPONDENT:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY ADV. GOVERNMENT PLEADER
RESPONDENT(S)/CLAIMANT AND 2ND RESPONDENT:
1. A. DURAIRAJ
S/O. AMBALAVANAN, DEVI NIVAS, T.C 38/663 CHALAI, POWER HOUSE ROAD THIRUVANANTHAPURAM - 695 036.
2. THE SECRETARY, TRIVANDRUM DEVELOPMENT AUTHORITY, TRIDA THIRUVANANTHAPURAM- 695 010.
R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA BY SRI.M.RAJAGOPALAN NAIR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.KEMAL PASHA, J.
................................................................ L.A.A. No. 286 of 2012
............................................................... Dated this the 9th day of June, 2014
J U D G M E N T
The State has come up in Appeal challenging the judgment passed by the 1st Additional Subordinate Judge's Court, Thiruvananthapuram in L.A.R.No.113 of 2009.
L.A.A. 286 of 2012
-: 2 :-
L.A.A. 286 of 2012
-: 3 :-
does not find anything to interfere with the impugned judgment. This appeal is devoid of merits, and is only to be dismissed, and I do so.
In the result, this Land Acquisition Appeal is dismissed.
There is no order as to costs.
Sd/- B. KEMAL PASHA, JUDGE
ul/-
[True copy]
P.S. to Judge
1 issue framed by the court
Whether the High Court should interfere with the quantum of land value fixed by the Subordinate Judge in a land acquisition reference.
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM
A. DURAIRAJ
THE SECRETARY, TRIVANDRUM DEVELOPMENT AUTHORITY
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
