The court allowed the State's appeal against an enhanced compensation award and dismissed the claimants' cross-objection for further enhancement. Relying on a previous Division Bench decision, the court fixed the land value at Rs.90,000 per cent.
Land value fixed at Rs.90,000/- per cent; State's appeal allowed, cross-objection 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.
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946
LA.APP. NO. 688 OF 2014
AGAINST THE ORDER/JUDGMENT DATED 28.02.2014 IN LAR NO.39 OF 2013 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, KOZHIKODE
APPELLANT/1st RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOYILANDY.
BY SENIOR GOVERNMENT PLEADER SMT RESHMI K.M.
RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN LAR:
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 2
5 ABOOBAKER, S/O. MAMMERIKUTTY UMMA (LATE), MONGATHU THAZHAM HOUSE, PUTHEN PEEDIYEKKAL, 8/4, CHUNGAM, FEROKE, KOZHIKODE - 673 631.
S/O. MAMMERIKUTTY UMMA (LATE), KOZHIPURATH HOUSE, PUTHAN PEEDIYEKKAL EAST NALLUR, P.O.FEROKE, KOZHIKODE - 673 631.
9 SHAREEFA,
W/O. KONNENKOTTU MUSHTAFA, KONNENKOTTY HOUSE,
KATTAYATTU METHAL, FAROOKE COLLEGE ROAD, P.O.RAMANATUKARA, KOZHIKODE - 673 633.
10 SUHARA,
W/O. MUHAMMED KOYA, D/O. MARIYA, THEKKUMPURATHA HOUSE, VALIYATTIL, KOZHIPURAM, P.O.PALLIKKAL, MALAPPURAM DISTRICT -673 653.
11 JAMEELA,
W/O. BABUKOYA, VAZHAPOTTATHARA HOUSE, 8/4, CHUNGAM, P.O.FEROKE, KOZHIKODE - 673 631.
12 RAMLA,
W/O.ASHARAF, KALATHINGAL, ULISSERYTHODI HOUSE, KALLITHODI, P.O.FEROKE, KOZHIKODE - 673 631.
13 BUSHARA,
W/O. JALEEL VAZHAPOTTATHARA, CHALIKKADAVATH MALIYIL, 8/4, P.O.FEROKE, KOZHIKODE - 673 631.
S/O MARIYAM, VAZHAPOTTATHARA, CHALIKKADAVATH MALIYIL, 8/4, P.O.FEROKE, KOZHIKODE-673631.
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 3
KOZHIKODE DISTRICT.
D/O LATE AMINA, EDAKKAZHIKKADAVATH KATTALIL HOUSE, CHELEMBRA, KONDODI, MALAPPURAM DISTRICT.
D/O LATE AMINA, EDAKKAZHIKKADAVATH KATTALIL HOUSE, CHELEMBRA, KONDODI, MALAPPURAM DISTRICT.(R1 AND R3 ARE DIED AND LEGAL HEIRS OF THE DECEASED R1 AND R3 ARE IMPLEADED AS ADDL.R16 TO 22 AND ADDL.R23 TO 25 VIDE ORDER DATED 29.06.2018 IN IA 360/2018 AND IA 312/2018 RESPECTIVELY.)
BY ADVS.
SRI.K.A.SALIL NARAYANAN SRI.P.U.SHAILAJAN
OTHER PRESENT:
SR GP SMT RESHMI K M
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11.07.2024, ALONG WITH CO.181/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946
CO NO. 181 OF 2015
(AGAINST THE JUDGMENT AND DECREE IN LAR 39/2013 OF THE PRINCIPAL SUB COURT, KOZHIKODE.) CROSS OBJECTORS/RESPONDENTS 1 TO 14 /CLAIMANTS:
SON OF MAMMERIL KUTTY UMMA (LATE), MAKKASM HOUSE, POST KALLIKKOODAM, FEROKE, KOZHIKKODE DISTRICT(DIED AND LEGAL HEIRS IMPLEADED AS SUPPL.CROSS OBJECTORS 15-21)
D/O.MAMMERIKUTTYUMMA (LATE), W/O. MUHAMMADKUTTY, ARAFA HOUSE, KONNENKAVIL, 8/4, CHUNGAM, P.O.FEROKE , KOZHIKODE DISTRICT.
3 AMINA,
D/O. MAMMERIKUTTY UMMA (LATE), KATTALIL HOUSE, CHELEMBRA POST, MALAPPURAM DISTRICT.(DIED AND LEGAL HEIRS IMPLEADED AS SUPPL.CROSS OBJECTORS 22-24)
S/O MAMMERI KUTTY UMMA(LATEA), MONGATHU THAZHAM HOUSE, PUTHERN PEEDIYAKKAL, 8/4, CHUNGAM, POST FEROKE, KOZHIKODE DISTRICT.
S/O MAMMERI KUTTY UMMA (LATE), KOZHIPURATH HOUSE, PUTHEN PEEDIYAKKAL, EAST NALLUR, POST FEROKE, KOZHIKODE DISTRICT.
7 ABDULLA KOYA, S/O. MARIYAM (DIED) POKKATU PARAMBA HOUSE, CHALIKKADATH MALIYIL POST, AIKKARAPPADY, MALAPPURAM
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 6
DISTRICT.
10 SUHARA, W/O MUHAMMAD KOYA, KATTAYATTU MEETHAL, FAROOKH COLLEGE ROAD, POST RAMANATTUKARA, KOZHIKODE DISTRICT.
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 7
D/O LATE AMINA, EDAKKAZHIKKADAVATH KATTALIL HOUSE, CHELEMBRA, KONDODI, MALAPPURAM DISTRICT.(R1 AND R3 ARE DIED AND LEGAL HEIRS OF THE DECEASED R1 AND R3 ARE IMPLEADED AS ADDL.R16 TO 22 AND ADDL.R23 TO 25 VIDE ORDER DATED 29.06.2018 IN IA 360/2018 AND IA 312/2018 RESPECTIVELY.)
BY ADV K.A.SALIL NARAYANAN
RESPONDENTS/APPELLANT & RESPONDENTS:
BY ADV GOVERNMENT PLEADERR RESHMI K.M.
THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 11.07.2024, ALONG WITH LA.App..688/2014 A THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 8
AMIT RAWAL & EASWARAN S., JJ.
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015
Dated this the 11th day of July 2024
JUDGMENT
EASWARAN S. J
The appeal arises from the judgment and decree dated 28/2/2014 in LAR No.39/2013 on the files of the Principal Sub Court, Kozhikode. The purpose of acquisition was setting up of KINFRA Knowledge Park at Ramanattukara village. On 29/2/2008, Section 4(1) notification was issued and on 12/10/2010 possession was taken. The award was passed on 5/10/2010 by the Special Tahsildar (LA), Koyilandy. Aggrieved by the fixation of the land value, the claimants filed LAR No. 39/2013. The Land Acquisition Reference Court, after considering the rival claims and also documentary evidence, enhanced the land value to Rs.1,00,000/per cent and accordingly, answered the reference. It was ordered that the claimants will also be entitled for various statutory benefits available under the Kerala Land Acquisition Act, 1894. Aggrieved by the aforesaid judgment and decree, the State of Kerala has preferred the present appeal.
L.A.A.No. 688 of 2014 & C.O.NO.181 of 2015 9
approached this Court by way of Cross Objection seeking for enhancement of the claim amount.
The appeal and Cross Objection are ordered accordingly.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S., JUDGE
dpk
1 issue framed by the court
Whether the land value should be fixed at Rs.1,00,000/- per cent as held by the Reference Court or Rs.90,000/- per cent as held in a previous Division Bench judgment.
Colour shows how this judgement treated each authority
L.A.APP. No.657 of 2014Relied on¶122
L.A.APP. No.657 of 2014 dated 1/11/2023
State of Kerala
The Managing Director KINFRA
Amit Rawal
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Amit Rawal and Easwaran S.
Parties & counsel
