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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Indian Medical Association (Cherthala Br) – Appellant
Versus
National Highway Authority Of India – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
The above writ petition is filed seeking a direction to the 3rd respondent to pass an award in respect of the land in survey No.1/5 of Thanneermukkom North Village, granting the market value for the land along with structural value and for a declaration that the petitioner is entitled to receive compensation as the owner in possession of the land in survey No.1/5 of Thanneermukkom North Village and the building therein on the strength of Exts.P1 and P2.
2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner is the Indian Medical Association (IMA), Cherthala Branch, having more than 256 members. The IMA Community Hall is situated on the land in survey No.1/5 of Thanneermukkom North Village, and the same is utilized for various medical camps, medical education programmes, doctors’ meetings, etc. The IMA Cherthala Branch office and the IMA Community Hall were constructed by the petitioner in the year 1983, which is situated by the side of National Highway, NH 66. The land was originally assigned to the IMA by the Government as a heritable land as per the provisions of the Kerala Government Land Assignment Act, 1960, (hereina
An assignee under the Kerala Government Land Assignment Act has full ownership rights and is entitled to compensation for both land and structures upon meeting conditions, regardless of contrary guid....
Assignees of Government lands are entitled to compensation equal to that of patta lands when acquired, as statutory rights under the Land Acquisition Act override any ex-gratia payments.
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
Assignees of government lands are entitled to compensation equivalent to the full market value of the land, irrespective of the method of acquisition, as established in LAO-cum-RDO, Chevella Division....
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
Point of law: Restriction should be imposed only to protect ownership rights of assignee.
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