The High Court dismissed an appeal challenging the Sub Court's enhancement of compensation for land acquired for a drainage scheme, finding the lower court's reasoning proper.
The appeal was dismissed and all pending interlocutory applications were stood 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 A.HARIPRASAD
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
LA.App..No. 271 of 2015
AGAINST THE JUDGMENT & DECREE DATED 28.8.2009 IN LAR 215/1999 of II ADDL.SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/1ST RESPONDENT IN LAR :
STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY ADV.B.R.MURALEEDHARAN, SENIOR GOVERNMENT PLEADER
RESPONDENT/CLAIMANT & 2ND RESPONDENT IN LAR :
1 N.C.MADHUSOODHANAN T.C 2/725, RAJEEV GANDHI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.
2 THE CHIEF EXECUTIVE ENGINEER KERALA WATER AUTHORITY, THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SMT.M.HEMALATHA R2 BY ADV.SRI.JOSEPH JOHN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA.App..No. 271 of 2015
2
JUDGMENT
Heard the learned Government Pleader for the appellant.
LA.App..No. 271 of 2015
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State, was dismissed confirming the determination of compensation by the Sub Court.
Having regard to the facts and circumstances, I find that the reasoning of the court below is proper and no reason is manifest to interfere with the determination of compensation. Hence, the appeal is dismissed.
All pending interlocutory applications will stand dismissed.
Sd/-
A.HARIPRASAD
JUDGE
1 issue framed by the court
Whether the High Court should interfere with the Sub Court's enhancement of compensation determination.
State of Kerala Represented by District Collector, Thiruvananthapuram
N.C. Madhusoodhanan
The Chief Executive Engineer Kerala Water Authority, Thiruvananthapuram
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
