Allowed

Joseph Yudathadevoose @ Sajan v. State of Kerala and Another

Kerala HC30 Mar 2011LA.App./343/2010

Case brief

AI extract

What is this about?

In this land acquisition appeal regarding the establishment of a Government Polytechnic, the High Court of Kerala re-fixed land values for all three property categories. The third category was re-categorized as 'nilam' based on a previous judgment, and values for other categories were proportionally increased.

What did the court decide?

Land values re-fixed for all three categories; appellant entitled to calculated compensation, interest under Sections 23(1A), 23(2) and 28, and costs.

Joseph Yudathadevoose @ Sajan Vs State of Kerala and Another — 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 30TH MARCH 2011 / 9TH CHAITHRA 1933

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LA.App..No. 343 of 2010() ------------------------------------L.A.R.NO. 168/2005 of PRL.SUB COURT,KOTTAYAM

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APPELLANT(S): CLAIMANT

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----------------------------------------

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JOSEPH YUDATHADEVOOSE @ SAJAN, AGED 52 YEARS,S/O.DEVASSYA, RESIDING AT PATTERIL HOUSE, MANNAR.

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BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY

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RESPONDENT(S): RESPONDENTS

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---------------------------------------------------

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1. STATE OF KERALA,REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.

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2. KADUTHURUTHY GRAMA PANCHAYATH, REP.BY ITS SECRTARY, PO KADUTHURUTHY.

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R1 BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN R2 BY ADV. SRI.S.SACHITHANANDA PAI

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 343 OF 2010 = = = = = = = = = = = = = = = = Dated this the 30^th day of March, 2011.

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J U D G M E N T

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Pius C. Kuriakose, J.

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This is an appeal by the claimant and it pertains to acquisition of land pursuant to S.4 (1) notification published on 5.11.2003 for the

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purpose of establishment of Government Polytechnic at Kaduthuruthi. The acquired properties were included in three different categories. First category was wet lands or 'nilams'. For this category the Land Acquisition Officer awarded a land value of Rs.926/- per Are. Reclaimed land with rubber trees were included in Category II and for this category the Land Acquisition Officer awarded land value at the rate of Rs.3,707 per Are.

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L.A.A. NO. 343 OF 2010

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-:2:-

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Third category was reclaimed land with coconut cultivation. For this category the Land Acquisition Officer awarded land value at the rate of Rs.1,335/- per Are.

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Before the reference court the

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appellant produced Ext.A1 document. Though the Court below was not impressed by the document produced ultimately what the Sub Court did was applying rule of thumb and enhance land value of all the three categories by 35%.

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In this appeal various grounds are

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raised challenging what is described as the gross inadequacy in the rate redetermined by the Court below. Sri.John Joseph Vettikkad, learned counsel for the appellant would address very strenuous arguments before us. It was submitted that the property was situated very near Vaikom town and that Vaikom Road Railway Station is in

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close proximity to the acquired property.

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L.A.A. NO. 343 OF 2010 -:3:-

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According to him Ext.A1 should have been relied upon.

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Smt.Latha.T.Thankappan, senior Government Pleader would draw our attention to the judgment in L.A.A.339/10. We find under that judgment this court has refixed the value of the third category involved in this case as 'nilam' at Rs.2524/- per Are. Necessarily 'nilam' involved in this case for which Land Acquisition Officer awarded a land value of Rs.926/- per Are, will have to be given land value of Rs.2,525/- per Are. We refix value of 'nilam' at Rs.2,525/- per Are. According to us slight proportionate increase has to be given to the other two categories also namely reclaimed land with rubber trees and reclaimed lands with coconut cultivation. For the II category the Land Acquisition Officer awarded at the rate of Rs.3,707/- per Are. We refix the land value at

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L.A.A. NO. 343 OF 2010 -:4:-

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Rs.11,121/- per Are for property Category No.II. For the third category, reclaimed land with coconut cultivation, we refix the land value at the rate of Rs.4,005/- per Are.

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The appeal is allowed as above. The compensation due to the appellant will be calculated on the above basis on the total refixed compensation to which the appellant becomes eligible by virtue of this judgment, the appellant will be entitled to all statutory benefits admissible under Sections 23(2), 23(1A) and S.28 of 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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ul/-

Joseph Yudathadevoose @ Sajan v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

Joseph Yudathadevoose @ Sajan v. State of Kerala and Another

Case brief

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What did the court decide?

What the court decided

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