The Kerala High Court allowed an appeal by a land claimant, re-fixing the market value of her acquired land at Rs. 24,000 per Are superior to the prima facie award, and directed statutory benefits under the Land Acquisition Act.
Land value fixed at Rs. 24,000 per Are; entitled for benefits under S. 23(2), 23(1A) and S. 28 L.A. 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
FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932
LA.App..No. 268 of 2009() ------------------------LAR.17/1997 of SUB COURT, PALA ....................
APPELLANT(S):
VALSAMMA THOMAS, PAZHAYAPUACKAL ARUNAPURAM KARA, PULIYANOOR VILLAGE.
BY ADV. SMT.S.SIBHA SRI.JOSEPH T.JOHN
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ,KOTTAYAM.
GOVERNMENT PLEADER SMT. T.T.JOSEPHINA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
LAA. No. 268 of 2009
Dated this the 7th day of January, 2011
J U D G M E N T
Pius C.Kuriakose, J.
The claimant is in appeal. Her land situated in Puliyanoor Village of Meenachil Taluk was acquired by the Government for the purpose of Ettumanoor - Poonjar State Highway. The land acquisition officer awarded land value at the rate of Rs.13,600/- per Are. The reference court in the first instance enhanced the land value to Rs.93,300/- per cent relying on a particular document. Government preferred appeal. In that appeal this court set aside the award of the reference court and remanded the matter to the reference court. After the remand, the appellant relied on Exts.A1 to A4. The learned Subordinate Judge under the impugned judgment did not place reliance on any of these documents. Adopting rule of thumb the learned Sub Judge re-fixed land value at Rs.22,230/- per Are.
LAA. 268 of 2009
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LAA. 268 of 2009
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evidence on record we are of the view that the market value can be re-fixed reasonably at Rs.24,000/- per Are. It is accordingly re-fixed. This means that the appellant will be entitled for enhanced land value at the rate of Rs.1770/- per Are over and above what was awarded by the reference court.
The appeal is allowed as above. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A. Act. The parties are directed to suffer their respective costs.
(PIUS C.KURIAKOSE, JUDGE)
(N.K. BALAKRISHNAN, JUDGE)
ksv/-
1 issue framed by the court
Whether the land value awarded by the subordinate judge on second remand should be re-fixed on a better assessment based on the evidence on record.
Valsamma Thomas
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
