Allowed

Arifa Beevi v. State of Kerala

Kerala HC8 Mar 2011LA.App./1003/2010

Case brief

AI extract

What is this about?

This court allowed the land acquisition appeal and remanded the matter to the trial court. The Sub-Court was directed to redetermine the market value of the acquired land and the compensation for buildings on the property, subject to conditions regarding court fees and interest.

What did the court decide?

Impugned judgment set aside; LAR No.37/2005 remanded to Sub-Court for redetermining market value of land and buildings; partial refund of court fee; no interest on enhanced compensation for specific p

Arifa Beevi Vs State of Kerala — Land Acquisition | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

¶4

TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932

¶5

LA.App..No. 1003 of 2010()

¶6

-------------------------LAR.37/2005 of IST ADDL.SUB COURT,TRIVANDRUM

¶7

APPELLANT(S): CLAIMANTS:

¶8

-------------------------------------------1. ARIFA BEEVI,W/O.MOHAMMED ILLYAS, SABITHA MANZIL, KALLATTUMUKKU, MANACAUD, THIRUVANANTAPURAM.

¶9

2. ABITHA BEEVI, D/O. ARIFA BEEVI, VALIYA VELLAKATHU PUTHEN VEEDU, ARUVIVODE, MANNAMTHALA.

¶10

3. AHAMMED KABIR, S/O.MOHAMMED ILLYAS OF SABITHA MANZIL, KALLATHUMUKKU, MANACAUD, TRIVANDRUM.

¶11

4. SABITHA BEEVI, D/O. ARIFA BEEVI, ..DO..DO....

¶12

5. MYDEEN PATHUMMAL OF ..DO..DO...

¶13

6. AMEER HAMZA, S/O.MOHAMMED ILLYAS OF ..DO..DO...

¶14

(SECOND APPELLANT IS THE POWER OF ATTORNEY HOLDER ALSO OF OTHER APPELLANTS)

¶15

BY ADVS. SRI.P.R.VENKETESH, SRI.P.C.CHACKO(PARATHANAM), SMT.ASHA CHACKO.

¶16

RESPONDENT(S): RESPONDOENTS:

¶17

-----------------------------------------------------1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTAPURAM - 695 001.

¶18

2. THE SECRETARY, TRIDA, P.O.THIRUVANANTAPURAM (HEAD), THIRUVANANTAPURAM - 695 001.

¶19

R1 BY SR.GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN R2 BY ADV. SRI K.A.JALEEL, SC TRIDA

¶20

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

Kss

¶22

PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.

¶23

L.A.A. No.1003 of 2010

¶24

Dated this the 8th day of March, 2011

¶25

Judgment

¶26

Pius C.Kuriakose, J.

¶27

The claimants are the appellants. Their lands in Manacaud Village of Trivandrum Taluk were acquired pursuant to Section 4(1) notification published on 3.1.1993 for the purpose of establishment of a vegetable market at Chalai bazar. In this appeal the appellants have claimed for enhanced land value as well as for value of the buildings which existed on the property. It is submitted by the Mr.P.R.Venkatesh, learned counsel for the appellants that judgments pertaining to acquisition of land in

¶28

and around Trivandrum passed by both this court and by the reference court are being produced along with a petition for their reception as evidence in this appeal. We feel that since it is also on judgments passed by this court pertaining to land in and around Trivandrum that the appellants is relying on, the appellant can be afforded an opportunity to rely on them and the other items of evidence the appellants want to produce imposing proper conditions. Under the above circumstances, the result of

¶29

LAA 1003/2010 2

¶30

this appeal will be as follows:

¶31

The judgment and decree under appeal will stand set aside and LAR No.37 of 2005 will go back to the 1^st Additional Sub Court, Trivandrum. That court will redetermine the market value of the land which was acquired from the appellants. The court below will also redetermine the total compensation payable to the appellants towards value of the buildings which existed on the lands. The learned Subordinate Judge will permit the appellants to produce whatever further evidence they want to for substantiating their claims regarding land value as well as building value. The documents produced by the appellants in this court will be returned to the counsel for the appellants by the Registry so that the appellants can produce the same before the court below. The parties will enter appearance before the court below on 6.4.2011 and the court below will complete the enquiry and pass the revised judgment within three months of the court reopening after mid summer vacation. But, we clarify that the above remand order will operate only subject to the following conditions:

¶32

The appellants will forfeit 25% of the court fee remitted on the

¶33

LAA 1003/2010 3

¶34

appeal memo to the Government. This means that only 3/4^th of

¶35

the total court fee of Rs.4,33,200/- will be refunded to the counsel for the appellants.

¶36

In case the appellants become eligible for enhanced compensation over and above what is awarded under the impugned judgment, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period from 22.12.2009 till this date (8.3.2011).

¶37

PIUS C.KURIAKOSE, JUDGE.

¶38

N.K.BALAKRISHNAN, JUDGE.

¶39

srd

¶40

The figure “Rs.4,33,200/-” occurring in the 2^nd line of page 3 of the judgment dated 8.3.2011 in L.A.A.1003/10 is corrected

¶41

and substituted as “Rs.6,49,805/-” vide order dated 18.8.2011 in I.A.No.2002/11 in L.A.A.1003/10.

¶42

Sd/- Registrar(Judicial)

¶43

LAA 1003/2010 4

Arifa Beevi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arifa Beevi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Kerala Vs Saraswathi Pillai

Poulose Vs State of Kerala

M/S.Kerala State Bamboo Corporation Ltd. Vs State of Kerala and Another

The Project Officer Vs Chembakassery Meethal

Narayanan Namboothiri Vs State of Kerala

P.Nirmal Kumar Vs State of Kerala