On the strength of a judgment in a connected land acquisition case (LAA No. 349 of 2014), this court allowed the claimant's cross objection for enhancement of compensation to Rs. 22,00,000 per are and dismissed the state's corresponding appeal.
The claimant's cross objection allowed for enhancement to Rs. 22,00,000/are; State's appeal 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 P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937
LA.App..No. 23 of 2013 ()
AGAINST THE JUDGMENT AND DECREE IN LAR 38/2008 OF THE I ADDL.SUB COURT,TRIVANDRUM DATED 27-05-2010
APPELLANT/APPELLANT/RESPONDENT NO.1:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SENIOR GOVERNMENT PLEADER SRI. ALOSIOUS THOMAS
RESPONDENT(S)/CLAIMANT AND RESPONDENT NO.2:
R1 BY ADV. SRI.LAL GEORGE
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25-11-2015 ALONG WITH CROSS OBJECTION NO. 173 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON &
ANIL K. NARENDRAN, JJ.
JUDGMENT
Ramachandra Menon, J.
This appeal arises from the judgment and decree in LAR No. 38 of 2008 of the I Additional Sub Court, Thiruvananthapuram. Property having an extent of 1.45 Ares of land comprised in Survey No. 1732/2 was acquired pursuant to 4 (1) notification issued under the Land Acquisition Act on 30.10.2004 for widening the Pattom - Kowdiar road, based on the requisition made by TRIDA.
L.A.A. No. 23 of 2013 and Cross Objection No. 173 of 2015 : 2 :
the land value fixed by the Reference Court is without any basis. It is also stated that, being aggrieved of the judgment and decree passed by the Reference Court in the connected matters involving the very same acquisition, the State has preferred the appeals and the claimants therein have preferred cross objections as well.
L.A.A. No. 23 of 2013 and Cross Objection No. 173 of 2015
: 3 :
made clear that the claimant will be entitled to get all the statutory
benefits flowing from the said declaration.
The cross objection stands allowed to the said extent.
sd/-
P. R. RAMACHANDRA MENON, JUDGE
sd/-
ANIL K. NARENDRAN,
JUDGE
kmd
/True copy/
P.A. to Judge
2 issues framed by the court
Whether the state's land acquisition appeal should be dismissed when a similar appeal against the reference court was set aside by this court.
Whether the claimant should be awarded an enhancement in compensation based on a judgment in a connected land acquisition case.
State of Kerala represented by the District Collector Thiruvananthapuram
Sujani Eappen Luke Aries Cottage, Pappanamcode
The Secretary TRIDA, Thiruvananthapuram
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
