The High Court of Kerala allowed the land acquisition appeal. The Court enhanced the land value for 2.20 Ares of Sy.No.450/21 from Rs. 1 Lakh to Rs. 1,50,000 per Acre, aligning with a similar matter.
Appeal allowed; land value fixed at Rs. 1,50,000 per Are; appellant entitled to monetary enhancement, statutory benefits, and proportionate costs.
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 K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932
LA.App..No. 309 of 2008 B
--------------------------------------------LAR.144/2001 of II ADDL.SUB COURT,TRIVANDRUM
APPELLANT(S): CLAIMANT
NATARAJAN, S/O.LAKSHMANAN, MUDAMBIL VEEDU, CHAKKAVILAKAM, CHAKKAI, VAYYAMOOLA, PETTAH, THIRUVANANTHAPURAM.
BY ADV. SRI.GOPAKUMAR R.THALIYAL
RESPONDENT(S): RESPONDENTS
R1 BY SR. GOVERNMENT PLEADER SMT. LATHA THANKAPPAN.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M. JOSEPH &
M. C. HARI RANI, JJ.
-----------------------------------------
L.A.A.NO.309 OF 2008 B & C.M.APPL.NO.315 OF 2008
------------------------------------------st November, 2010 .
JUDGMENT
K.M. Joseph, J.
Government Pleader appears for the first respondent. Heard. Delay is condoned.
Pleader does not dispute the fact that in similar matters, this Court
LAA.NO.309/2008 B
2
had refixed the land value at Rs.1,50,000/= (Rupees One Lakh &
Fifty Thousand) per Are (See the Judgment in LAA.No.1348/2008). We see no reason to deviate from the said land value. Accordingly, we allow the Appeal and hold that the appellant is also entitled to the benefit of the fixation of the land value at Rs.1,50,000/= (Rupees One Lakh & Fifty Thousand) per Are. Consequently, the appellant will be entitled to the enhancement on the said basis. Appellant will also be entitled to all statutory benefits on the said enhanced value. Appellant also is entitled to proportionate costs.
Sd/= K.M. JOSEPH,
JUDGE
Sd/= M.C. HARI RANI, JUDGE
kbk.
//True copy//
PS to Judge
LAA.NO.309/2008 B 3
1 issue framed by the court
Whether the fixation of land value at Rs. 1 Lakh per Are should be enhanced to Rs. 1,50,000 per Are in similar acquisition matters.
1 provisions across 1 enactments
Natarajan
State of Kerala represented by the District Collector, Thiruvananthapuram
The Managing Director, Thiruvananthapuram International Airport Development Authority, Thiruvananthapuram
KM JOSEPH
MC HARI RANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
