Land acquisition compensation appeals where the appellant sought enhancement of land value. Following this Court's judgment in connected matters (LA.App. No.132 of 2015), land categorised as IV(b) 'wet land having mud gravel road' with value of Rs.3,43,276/- per Are plus consequential 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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
LA.APP. NO. 129 OF 2022
[AGAINST THE COMMON JUDGMENT & DECREE DATED 27.01.2014 IN LAR NO.163 OF 2010 OF SUB COURT, PERUMBAVOOR]
APPELLANT/4TH CLAIMANT:
GEORGE P.CHERUKOTH AGED 64 YEARS S/O. LATE C. POULOSE, CHERUKOTH HOUSE, LAYAM ROAD, ERNAKULAM, KOCHI. BY ADVS. T.R.S.KUMAR K.RAJAN (MUHAMMA) MITHUN C THOMAS DEEPA R MENON DEENA JOSEPH SWARNA THOMAS
RESPONDENTS/RESPONDENTS:
R1 BY SR.GOVT. PLEADER SRI.T.K.SHAJAHAN
R2 BY STANDING COUNSEL SRI.K.A.ABDUL SALAM
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 25.01.2024, ALONG WITH LA.App.NOS.492/2022 AND 605/2022, THE COURT ON 03.04.2024 DELIVERED THE FOLLOWING:
L.A.A.NOS.129 OF 2022, 492 OF 2022 & 605 OF 2022
:-2-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
LA.APP. NO. 492 OF 2022
[AGAINST THE COMMON JUDGMENT & DECREE DATED 27.01.2014 IN LAR NO.45 OF 2011 OF SUB COURT, PERUMBAVOOR] APPELLANT/5TH CLAIMANT:
GEORGE P. CHERUKOTH, AGED 64 YEARS S/O. LATE C. POULOSE, CHERUKOTH HOUSE, LAYAM ROAD, ERNAKULAM, KOCHI. BY ADVS. T.R.S.KUMAR DEENA JOSEPH K.RAJAN (MUHAMMA) MITHUN C THOMAS
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM682030. 2 THE CHIEF EXECUTIVE OFFICER, INFOPARK, KUSUMAGIRI, KAKKANAD-682030. BY ADVS. FOR R2 BY SRI. K.A.ABDUL SALAM SRI. SUNIL V.MOHAMMED FOR R1 BY SR.GOVT.PLEADER SRI.K.A.ABDUL SALAM
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 25.01.2024, ALONG WITH LA.App.NOS.129/2022 AND 605/2022, THE COURT ON 03.04.2024 DELIVERED THE FOLLOWING:
L.A.A.NOS.129 OF 2022, 492 OF 2022 & 605 OF 2022
:-3-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
LA.APP. NO. 605 OF 2022
[AGAINST COMMON JUDGMENT & DECREE DATED 27.01.2014 IN LAR NO.47 OF 2011 OF SUB COURT, PERUMBAVOOR]
APPELLANT:
GEORGE P.CHERUKOTH, AGED 64 YEARS S/O LATE C. POULOSE, CHERUKOTH HOUSE, LAYAM ROAD, ERNAKULAM, KOCHI.
BY ADVS. T.R.S.KUMAR K.RAJAN (MUHAMMA) DEENA JOSEPH DEEPA R MENON MITHUN C THOMAS
RESPONDENTS:
R1 BY SR.GOVT.PLEADER SRI.T.K.SHAJAHAN R2 BY STANDING COUNSEL SRI.K.A.ABDUL SALAM
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25.01.2024, ALONG WITH LA.App.NOS.129/2022 AND 492/2022, THE COURT ON 03.04.2024 DELIVERED THE FOLLOWING:
L.A.A.NOS.129 OF 2022, 492 OF 2022 & 605 OF 2022
:-4-:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
L.A.A.NOS.129 OF 2022, 492 OF 2022 & 605 OF 2022
Dated this the 3rd day of April, 2024
J U D G M E N T
SHOBA ANNAMMA EAPEN,J:
These appeals now fall on a narrow compass consideration. In the award passed by the Land Acquisition Officer, the land was categorised under category XII “wet land without access”. The Reference Court changed the category to category XI as “wet land with access”. In a connected appeal before this Court, this Court modified the order of
the Reference Court and changed the above category to category IV(b) “wet land having mud gravel road”. Based on the categorisation, this Court awarded compensation of Rs.3,43,276/- per Are.
2. In the light of the judgment of this Court in connected matters i.e., LA.App. No.132 of 2015, we order that the appellant will be entitled for compensation under the category of IV(b) fixing land value at Rs.3,43,276/- per Are with all
L.A.A.NOS.129 OF 2022, 492 OF 2022 & 605 OF 2022
:-5-:
consequential benefits.
3. This Court, while condoning the delay
petition, ordered that the appellant would not be entitled to get interest for the period of delay for enhanced compensation and for all other benefits covered by that period.
The appeals are allowed as above.
In the peculiar nature of the case
involving long delay, we order party to suffer
their respective costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
MBS/-
1 issue framed by the court
Should land acquired for Infopark be compensated under category IV(b) 'wet land having mud gravel road' as fixed in the connected appeal LA.App. No.132 of 2015?
George P. Cherukoth
State of Kerala, represented by the District Collector, Ernakulam
The Chief Executive Officer, Infopark, Kusumagiri, Kakkanad
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
