Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. JUSTICE A.K.JAYASANKARAN NAMBIAR, MR. JUSTICE EASWARAN S., JJ
George Pothan S/o Late P.G. George – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Easwaran S., J.
These appeals arise out of the judgment and decree dated 19.06.2019 in L.A.R No.73/2002 on the files of Sub Court, Sulthan Bathery. Both the 3rd claimant as well as the State have come up in appeal.
2. The brief facts necessary for the disposal of the appeals are as follows:
An extent of 20.25 Hectares (50 Acres) of dry land comprised in re-survey No.266/3 of Kalpetta Village of Vythiri Taluk was acquired at the instance of KINFRA for the purpose of establishment of an Industrial Estate. Section 4(1) notification was issued on 27.1.2000. The award was passed on 30.9.2000 and the land acquisition officer awarded a total amount of Rs.2,54,31,752/-. While fixing the land value, the land acquisition officer relied on sale deed No.1296/1999 dated 14.7.1999 (Ext.R4). However, while fixing the market value, the land acquisition officer split the property into two blocks, one having an extent of 1.5535 Hectares, wherein the land value was fixed at Rs.3,013/- per cent, and for the remaining 18.6965 Hectares of land, the land acquisition officer adopted the capitalisation method and awarded a total amount of Rs.1,85,85,251.16 towards the market value for the entire 20.
The court established that severance compensation is justified when land acquisition adversely affects remaining property, and market value should be determined using available exemplars and guesstim....
The court established that uniform compensation must be awarded for land acquired under different acts for the same purpose, to ensure equality and uphold rights to just compensation.
Landowners are entitled to equal compensation for lands acquired under the same notification, regardless of the act under which the acquisition is processed, ensuring compliance with constitutional r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
