The appellant challenged an excessive compensation enhancement by the Reference Court for mining land acquisition. The High Court relied on a similar precedent to limit the enhancement to Rs. 21,500/- per Acre.
Enhancement in compensation scaled down to Rs. 21,500/- per Acre with consequential statutory benefits.
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
MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937
LA.App..No. 332 of 2010 ( )
AGAINST THE JUDGMENT AND DECREE IN LAR 115/2001 of ADDL.SUB COURT,KOLLAM DATED 04-02-2009
APPELLANT(S)/2ND RESPONDENT:
KERALA MINERALS & METALS LTD., SANKARAMANGALAM, CHAVARA KOLLAM - REPRESENTED BY THE ASST.GENERAL MANAGER (P & A). BY ADVS.SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN
RESPONDENT(S)/CLAIMANTS & IST RESPONDENT:
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON
&
ANIL K. NARENDRAN, JJ.
JUDGMENT
Ramachandra Menon, J.
Grievance is in respect of the allegedly exorbitant extent of compensation awarded by the Reference Court in connection with the acquisition of land having an extent of 12.30 Ares for public purpose, for mining operation performed by the appellant herein. Section 4(1) notification was issued way back in the year 1997 and the Awarding Officer passed an award dated 24.09.1999 fixing the land value as Rs.13294/- per Are. Statutory benefits were also awarded in this regard. Reference was sought for under Section 18 of the Land Acquisition Act, pursuant to which, the Reference Court passed the judgment and decree in LAR No. 115/2001 on 04.02.2009, fixing the market value by adding Rs.8,641/- more per Are, thus making it Rs.21,935/- per Are. This constitutes about 65% of enhancement, which is not correct or sustainable, and hence sought to be scaled down in this appeal preferred by the requisitioning authority.
L.A. Appeal No. 332 of 2010
: 2 :
The appeal stands allowed to the said extent. No cost.
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 enhancement in land compensation awarded by the Reference Court limits correctly over the Awarding Officer's valuation.
Whether the enhancement amount of Rs. 8,641/- per Acre is sustainable for similar land categories.
Colour shows how this judgement treated each authority
LAA No. 532 of 2007Relied on¶25
1 provisions across 1 enactments
Kerala Minerals & Metals Ltd.
State of Kerala
T.S. Chidambaram
P.R. Ramachandran Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
