In these land acquisition appeals, the High Court refixed the market value of acquired properties at Rs.1,70,000 per Are, relying on evidence and a prior judgment, granting statutory benefits including interest.
The market value refixed at Rs.1,70,000 per Are; entitlement to statutory benefits under Sections 23 and 28 of the Land Acquisition Act.
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 PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933
LA.App..No. 1231 of 2010() -------------------------------LAR.162/2006 of II ADDL.SUB COURT,TRIVANDRUM
APPELLANT(S): CLAIMANT
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CHANDRAN NAIR, MELE NARANGARATHALA VEEDU, PATTUVILAKATHU MURI, CHANTHAVILA, KATTAYIKONAM.P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.M.RAJAGOPALAN NAIR SRI.S.JAYAPRAKASH (MADAVOOR)
RESPONDENT(S): RESPONDENTS
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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 695 001.
2. THE ENGINEER, K.S.T.P., PULAMON, KOTTARAKARA. 691 506.
R1 BY GOVT.PLEADER SMT. LATHA T. THANKAPPAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2011, ALONG WITH L.A.A. NO. 1282/2010 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs.
PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NOs. 1231, 1232, 1237, 1246 & 1282 OF 2010 = = = = = = = = = = = = = = = = Dated this the 30th day of March, 2011.
J U D G M E N T
Pius C. Kuriakose, J.
Claimants are the appellants in all these cases. Their properties in Ayirooppara Village were acquired pursuant to Section 4(1) notification published on 6.1.2003 for the upgradation of Thykkode-Kottarakkara State Highway. It is obvious that the appellant was enjoying all the properties involved in these appeals as their own single holding. What the land Acquisition Officer did was to include a portion of these properties involved in LAR 158/06 corresponding to LAA 1232/10 in category A2 and award land value at the rate of Rs.47,331/- per Are. The balance portion in this case and the entire properties in the other four cases were
L.A.A. NOs. 1231, 1232, 1237, 1246 & 1282 OF 2010 -:2:-
included by him in category A3 and he awarded land value at the rate of Rs.41,415/- per Are. The Reference Court come to the conclusion that the entire property involved in LAR 158/06(LAA 1232/10) has to be included in one and the same category. All the cases were tried jointly and on evaluating the evidence what the Court below did was to award uniform rate of Rs.1,23,548/per Are for all the properties.
L.A.A. NOs. 1231, 1232, 1237, 1246 & 1282 OF 2010 -:3:-
submitted that in that case properties in Ayirooppara village situated very near to the acquired properties and they were acquired for the very same purpose pursuant to the very same notification and for which the Land Acquisition Officer had awarded only land value at the rate of Rs.11,707/-, this Court had refixed the land value at Rs.1,50,000/- per Are. He requested that a proportionate increase be given to the appellants in these cases based on L.A.A.269/09. He further requested that at any rate, based on Exts.A1 and A2 the market value be refixed at Rs.1,98,880/- per Are.
L.A.A. NOs. 1231, 1232, 1237, 1246 & 1282 OF 2010 -:4:-
same submissions were made by the learned senior Government Pleader.
market value of the properties under acquisition at Rs.1,70,000/- per Are. The appellants are entitled to all
L.A.A. NOs. 1231, 1232, 1237, 1246 & 1282 OF 2010
-:5:-
statutory benefits which are provided under Sections 23 (2), 23(1A) and S.28 of Land Acquisition Act. However, while decree is drafted and provision is made for interest under S.28, it will be clarified that during the periods covered by the delay petitions interest will not be payable. No costs.
PIUS C. KURIAKOSE,JUDGE.
N.K. BALAKRISHNAN,JUDGE.
ul/-
2 issues framed by the court
Whether the market value of the acquired properties is adequate and requires refixation.
Whether comparable judgments and evidence support a higher land value award.
Colour shows how this judgement treated each authority
LAA 269/09Relied on¶24
1 provisions across 1 enactments
CHANDRAN NAIR
STATE OF KERALA
PIUS C. KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
