Allowed

A.K.Sudha v. State of Kerala

Kerala HC2 Feb 2011LA.App./31/2011

Case brief

AI extract

What is this about?

In this land acquisition appeal, the Court allowed the appeal to re-fix the value of Category-B land acquired for road widening at Rs. 1,50,000/- per Are, relying on a prior judgment, while awarding statutory benefits under relevant sections of the Land Acquisition Act.

What did the court decide?

Appeal allowed to re-fix land value at Rs. 1,50,000/- per Are; entitlement to benefits under Sections 23(1A), 23(2), and 28 of the Land Acquisition Act.

A.K.Sudha Vs State of Kerala — Land Acquisition | 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 WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932

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LA.App..No. 31 of 2011(C) -----------------------------LAR.8/2004 of II ADDL.SUB COURT,TRIVANDRUM

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APPELLANT(S): CLAIMANT

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A.K.SUDHA, W/O.VIJAYAKUMAR, T.C.8/551, SREEVIHAR, VALIYAVILA ELIPPODU, VATTIYOORKAVU, THIRUVANANTHAPURAM.

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BY ADV. SRI.R.MANOJ SRI.N.S.RAVINDRANATHAN

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RESPONDENT(S)/RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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THE SECRETARY,

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CORPORATION OF THIRUVANANTHAPURAM.

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ADV. SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION SRI.P.K.MANOJKUMAR

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SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, 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.31 of 2011

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Dated this the 2^nd day of February, 2011

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JUDGMENT

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Pius C. Kuriakose, J

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The claimant is in appeal. Her property included in category-A was acquired for the purpose of road widening. The Land Acquisition Officer awarded land value at the rate of Rs.59,000/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.1,18,000/- per Are.

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We have heard Sri.Manoj R. Nair, the learned

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counsel for the appellant, Smt.Latha T. Thankappan and also Sri.N.Nandakumara Menon, Senior Counsel for the Requisitioning Authority. Our attention is drawn by the learned counsel for the appellant to the judgment of this Court in C.O.66/09 in L.A.A.2198/08. We notice that under

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L. A. A. No.31 of 2011 -2-

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that judgment, the value of property acquired for the same purpose but included in category-B was re-fixed at Rs.1,50,000/- per Are. The argument of the learned counsel is that proportionate increase should be awarded and the value will have to be re-fixed at Rs.1,80,540/- per Are. Though we find force in the submission of the learned counsel for the appellant, as rightly pointed out by Smt.Latha, the learned senior Government Pleader, as the appellant has limited his claim to Rs.1,50,000/- per Are in this appeal, she cannot aspire for value at rates higher than that rate. Relying on judgment in Cross Objection No.66/09 in LAA.2198/08, we allow the appeal to the extent of refixing the value of land at Rs.1,50,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while drafting the decree, the Section will have due regard to the conditions imposed

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L. A. A. No.31 of 2011

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-3-

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by this Court in its order dated 21/01/11 in C.M. Application No.50/10. The decree copy will be issued only after ensuring

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that the balance court fee is remitted by the appellant.

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PIUS C. KURIAKOSE JUDGE

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N. K. BALAKRISHNAN JUDGE

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kns/-

A.K.Sudha v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.K.Sudha v. State of Kerala

Case brief

What is this about?

What did the court decide?

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