Allowed

State of Kerala v. M.S.Neelambika & Another

Kerala HC10 Aug 2010LA.App./68/2010

Case brief

AI extract

What is this about?

The Court allowed the State's appeal against a land acquisition award. Relying on a prior decision (LAA.263/2009), the Court re-fixed the market value of the land at Rs.21,60,000 per Acre. Claimants are entitled to statutory benefits under relevant sections of the Land Acquisition Act on this re-fixed amount.

What did the court decide?

Appeal allowed; market value re-fixed at Rs.21,60,000 per Acre; claimants entitled to benefits under Sections 23(1A), 23(2) and 28.

State of Kerala Vs M.S.Neelambika & Another — Land Acquisition | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM

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TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932

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LA.App..No. 68 of 2010(B) -----------------------LAR.344/2006 of II ADDL.SUB COURT,TRIVANDRUM

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APPELLANT(S): IST RESPONDENT

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STATE OF KERALA, REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SMT.R.BINDU

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RESPONDENT(S): CLIMANT & R2

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M.S.NEELAMBIKA, T.C.25/1416(1), "NEELA", PUTHENCHANTHAI, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM.

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THE SECRETARY,

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TRIDA, THIRUVANANTHAPURAM.

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ADV. SRI.L.MOHANAN FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.

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----------------------------------

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L.A.A. No.68 of 2010

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Dated this the 10^th day of August, 2010

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JUDGMENT

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Pius C.Kuriakose,J.

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In this appeal the Government challenges the award of the reference court in respect of acquisition of land in Vanchiyoor Village for the purpose of widening of LMS-Attakulangara road pursuant to Section 4(1) notification published on 7.8.2004. The Land Acquisition Officer awarded land value at the rate of Rs.4,11,665/per Are, which was re-fixed by the reference court on the basis of evidence at Rs.27,16,998/- per Are.

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Having heard the submissions of Smt.R.Bindu, learned Senior Government Pleader and those of Sri. L.Mohanan, learned counsel for the claimant, we find merits in the arguments of Smt.Bindu that the issue raised is covered in favour of the Government by our own judgment in LAA.263/2009. Accordingly we follow the

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L.A.A.68/10

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decision taken in LAA.263/2009 and allow the appeal to the extent of re-fixing market value of land under acquisition at Rs.21,60,000/- (Rupees Twenty one lakhs sixty thousand only) per Are.

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Appeal is allowed but without any order as to costs. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the re-fixed compensation.

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PIUS C.KURIAKOSE, JUDGE.

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C.K.ABDUL REHIM, JUDGE.

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okb

State of Kerala v. M.S.Neelambika & Another

Case brief

What is this about?

What did the court decide?

State of Kerala v. M.S.Neelambika & Another

Case brief

What is this about?

What did the court decide?

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