Allowed

State of Kerala v. B.Radhamani

Kerala HC4 Mar 2011LA.App./1/2011

Case brief

AI extract

What is this about?

In this Land Acquisition Appeal, the Kerala High Court allowed the State's appeal challenging the Reference Court's enhancement of land and building value. Relying on a previous judgment (L.A.A.605/08) for the specific village, the Court modified the order to fix land value at Rs.17 lakhs per Are while affirming the building value enhancement. Statutory benefits were directed.

What did the court decide?

The appeal allowed; land value re-fixed at Rs.17 lakhs per Are; claimant entitled to statutory benefits under Sections 23(1A), 23(2) and 28; costs awarded.

State of Kerala Vs B.Radhamani — Specific Performance | Kerala HC (2011)

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932

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LA.App..No. 1 of 2011(A) ---------------------------LAR.525/2008 of II ADDL.SUB COURT,TRIVANDRUM ....................

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APPELLANT(S): RESPONDENT 1 IN LAR

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM.

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BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN

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RESPONDENT(S): CLAIMANT & -R2 IN LAR

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B.RADHAMANI,T.C.36/1692,SUBHASH NAGAR, VALLAKKADAVU.P.O,THIRUVANANTHAPURAM.

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THE SECRETARY,TRIDA,THIRUVANANTHAPURAM.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

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L. A. A. No.1 of 2011

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Dated this the 4^th day of March, 2011

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JUDGMENT

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Pius C. Kuriakose, J

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The Government is in appeal challenging the

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enhancement granted by the Reference Court for properties in Pettah village which were acquired pursuant to Section 4 (1) notification published on 30/10/04 for the purpose of widening of Eanchakkal - Sreevaraham - Attakulangara Road. The Land Acquisition Officer awarded land value at the rate of Rs.2,47,000/- per Are and Rs.29,620/- towards the value of the building. The Reference Court under the impugned judgment relied Ext.A3 common judgment and would re-fix the land value at Rs.29,64,000/- per Are. The building value was also enhanced relying on Commissioner's Report to Rs.1,77,898/-.

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L. A. A. No.1 of 2011

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-2-

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Even though notice was served on the respondents, they have not entered appearance before this Court. Smt.Latha T. Thankappan, the learned Senior Government Pleader would submit that the enhancement granted by the court below particularly on land value is exorbitant. She drew our attention to the judgment of this Court in L.A.A.2008/08 and L.A.A.1399/08 (the appellate judgment pertaining to Ext.A3 itself) and more particularly, to the judgment in L.A.A.605/08. According to her, Ext.A3 was not a relevant document. It is the judgment in L.A.A.605/08 pertaining to acquisition of land in the same village though for a different purpose Bakery-Palayam-Airport Road which should have more probative value in deciding the issue in this case.

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We find force in the submission of Smt.Latha. Relying on the judgment in LAA.605/08, we are of the view that the maximum market value which the respondent can

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L. A. A. No.1 of 2011 -3-

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aspire for his property is Rs.17 lakhs per Are. Hence, we modify the impugned judgment and re-fix the land value at Rs.17 lakhs per Are. We do not find warrant for interference with the enhancement granted by the court below towards building value.

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The result is that the appeal is allowed re-fixing the land value at Rs.17 lakhs per Are. On the total compensation, the claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs.

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PIUS C. KURIAKOSE JUDGE

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N. K. BALAKRISHNAN JUDGE

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kns/-

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L. A. A. No.1 of 2011 -4-

State of Kerala v. B.Radhamani

Case brief

What is this about?

What did the court decide?

State of Kerala v. B.Radhamani

Case brief

What is this about?

What did the court decide?

What the court decided

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