The Division Bench dismissed the State of Kerala's land acquisition appeals, holding them to fail in line with a related judgment confirming the reference court's enhanced compensation rate.
The appeals filed by the State of Kerala were 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 HARUN-UL-RASHID &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 21ST DAY OF MAY 2014/31ST VAISAKHA, 1936
LA.Appl.No. 807 of 2012 ()
AGAINST THE JUDGMENT IN LAR 31/2010 of SUB COURT,THODUPUZHA DATED 10-04-2012
APPELLANT(S)/RESPONDENTS:
P.W.D. ROADS DIVISION, IDUKKI.
BY ADVS.GOVERNMENT PLEADER SMT. ROSE MICHAEL
RESPONDENT/CLAIMANT:
SRI. THOMAS S/O.KURIAKODE, MADATHIL, THALAMATTOM THODUPUZHA-685584.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-05-2014 ALONG WITH LAA. NO.848/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID & ANIL K. NARENDRAN,JJ.
C.M.APPLN.NO.1111 OF 2012, C.M.APPLN.NO.1154 OF 2012, L.A.A. NO. 807 OF 2012 & L.A.A.NO.848 OF 2012
DATED THIS THE 21ST DAY OF MAY, 2014
JUDGMENT
Harun-Ul-Rashid, J.
Heard. Delay condoned.
directed against the judgment and decree in LAR.Nos.31/2010 and 32/2010 on the file of the Sub Court, Thodupuzha. Different extents of land belonging to the respondents and others were acquired for the approach road to Irukkumpuzha Bridge as per Section 4(1) notification dated 24/10/2008. The properties in these two reference cases are categorised as group No.3. The Land Acquisition Officer awarded the land value at the rate of `73,400/- per Are. The reference court enhanced the land value
-2-
LAA.NoS.807 & 848/2012
and fixed the same at the rate of `1,90,000/- per Are. Similar matters were disposed of by the reference court by the impugned common judgment. State of Kerala preferred LAA.No.806/2012 challenging the judgment and decree in LAR.No.27/2010 which was also disposed of along with other connected appeals. This Court dismissed LAA.No.806/2012 confirming the land value awarded by the reference court. In the aforesaid facts and circumstances, the appeals preferred by the State will also have to be dismissed following the judgment in LAA.No.806/2012.
In the result, the appeals fail and accordingly dismissed.
HARUN-UL-RASHID,
ANIL K. NARENDRAN, Judge.
kcv.
2 issues framed by the court
Whether to allow or dismiss the state's appeal against the reference court's enhanced land value.
Whether the correlation with the related appeal LAA No. 806/2012 necessitates dismissal of the present appeals.
1 provisions across 1 enactments
STATE REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI
SRI. THOMAS S/O. KURIAKODE
HARUN-UL-RASHID
ANIL K. NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
