State Of Kerala vs Poulose

Kerala High Court

State Of Kerala vs Poulose on 23 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                        &
                   THE HONOURABLE MR. JUSTICE S.MANU
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          LA.APP. NO. 661 OF 2013
AGAINST THE JUDGMENT AND DECREE DATED 04.12.2012 IN LAR NO.23 OF
         2011 OF II ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANT/RESPONDENTS IN L.A.R:

             STATE OF KERALA
             REPRESENTED BY DISTRICT COLLECTOR
             THIRUVANANTHAPURAM   (CORRECTED)

             THE NAME OF THE APPELLANT IS CORRECTED AS
             STATE OF KERALA
             REPRESENTED BY DISTRICT COLLECTOR
             ERNAKULAM
             INSTEAD OF STATE OF KERALA
             REPRESENTED BY DISTRICT COLLECTOR
             THIRUVANANTHAPURAM
             VIDE ORDER DTD.01/6/16 IN IA 613/16

             BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER


RESPONDENT/CLAIMANT AND 2ND RESPONDENT IN L.A.R :

     1       POULOSE
             S/O.OUSEPH,
             KOZHUKKATTUPUTHUSSERY (H)
             MATTOR -683574
             THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
     2       SOUTHERN RAILWAY, ERNAKULAM-682011
             BY ADVS.
             SRI.JEEMON K.ABRAHAM
             SRI.DINESH CHERUKAT, SC, RAILWAYS
             SRI.VINEETH KURIAKOSE


      THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION
ON   23.05.2024,    THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 LAA No.661 of 2013
                                        2




                                  JUDGMENT

A.Muhamed Mustaque, J.

The State has come up in appeal challenging the award passed by the reference court in LAR No.23 of 2011 on the file of II Additional Sub Judge, North Paravur.

2. An extent of 3.66 Ares of land comprised in Re.Sy.No.271/22 of Mattoor Village was acquired for construction of Angamaly-Sabarimala Railway line. Section 4(1) notification was published on 15.08.2007. The land value awarded by the Land Acquisition Officer is Rs.1,62,349/- per Are. This was enhanced on reference to Rs.2,83,187/-. This enhancement is questioned in this appeal. The claimant was also given compensation for injurious affection.

3. We perused the award in connected matters in appeal especially, judgment in L.A.A.No.320 of 2013. There is no much variation of the compensation in those appeals. LAA No.661 of 2013 3

In the light of the fact that somewhat uniformity is followed in all these matters, we do not find any reason to interfere with this matter.

Hence, this appeal stands dismissed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

S.MANU, JUDGE rkj