This is a land acquisition appeal challenging the enhanced land value award. The Bench reduced the land value award and modified the award to grant compensation benefits from the date of the Section 4(1) notification.
Judgment of the reference court reduced to Rs.18,342/- per are. Award modified to grant Section 23(1A) benefit from 31.1.1995.
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 T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
LA.App..No. 406 of 2004 ( )
---------------------------AGAINST THE JUDGMENT DATED 19-07-2003 IN LAR. NO.52/1997 OF III ADDITIONAL SUB COURT, ERNAKULAM.
APPELLANT/RESPONDENT:
STATE OF KERALA.
BY SR. GOVT. PLEADER SRI.R. PADMARAJ.
RESPONDENTS/CLAIMANTS:
1. LEKSHMIKUTTY AMMA, W/O. VIJAYA KURUP, THEKKANATH HOUSE, CHITTETHUKARA, KAKKANAD.
2. SAROJINI AMMA, D/O. NARAYANAN NAIR, THEKKANATH HOUSE, KUSUMAGIRI P.O., KAKKANAD.
3. ADDL. R2, KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM.
R1 & R2 BY ADV. SRI.M.P.ABRAHAM. R3 BY ADV. SRI.G.S.REGHUNATH.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24-06-2015, ALONG WITH LAA NO.892 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.406 and 892 of 2004
- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
These appeals are from the judgment and decree in LAR No.52/1997 on the file of the III Addl. Sub Court, Ernakulam, filed by
the State and the requisitioning authority, respectively. An extent of 38.50 ares of land was acquired by the requisitioning authority for the purpose of an Export Promotion Park at Kakkanad. The land value awarded by the Land Acquisition Officer is at the rate of Rs.9,100/-per are which stands enhanced to Rs.18,342/- by the reference court and aggrieved by the same,these appeals have been fled.
judgment, viz. the judgment in LAR No.47/1997 series. The ground taken in the appeal is that against the said judgment appeals are
LAA 406 & 892 of 2004 2
pending before this Court. The reference court, as per the judgment, actually relied upon Ex.A1 judgment itself. By granting a proportionate
decrease, the land value was fixed at Rs.18,342/- per are.
(T.R. RAMACHANDRAN NAIR, JUDGE.) (K.P. JYOTHINDRANATH, JUDGE.)
kav/
3 issues framed by the court
Whether the land value awarded by the reference court should be modified in light of this Court's judgment in LAA No.563/2000.
Whether the claimants are entitled to the benefit under Section 23(1A) of the Act from the date of the Section 4(1) notification instead of the judgment date.
Whether the reference court's judgment regarding land value award for acquisition for an Export Promotion Park requires interference.
1 provisions across 1 enactments
State of Kerala
Lekshmikuttyamma
Sarojinamma
Addl. R2, KINFRA
T.R. Ramachandran Nair
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
