Remanded

State of Kerala Rep.by Dc, Tvm v. Shaila & Another

Kerala HC25 Mar 2011LA.App./793/2010

Case brief

AI extract

What is this about?

In this land acquisition appeal regarding Ayirooppara village, the High Court found the reference court's land value assessment unsatisfactory. The court set aside the impugned judgment and remanded the matter to the Reference Court for a fresh decision after fresh opportunity to adduce evidence.

What did the court decide?

Impugned judgment set aside; matter remanded to Reference Court for fresh decision after fresh opportunity to adduce evidence.

State of Kerala Rep.by Dc, Tvm Vs Shaila & 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 &

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THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

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FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933

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LA.App..No. 793 of 2010()

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------------------------LAR.173/2006 of II ADDL.SUB COURT,TRIVANDRUM

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APPELLANT(S): RESPONDENT & R1 LAR

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

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BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN

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RESPONDENT(S): CLAIMANTS & IN LAR

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SHAILA, D/O. JAMEELA BEEVI, SHAILA MANZIL, POTHENCODE,THIRUVANANTHAPURAM-695584.

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THE EXECUTIVE ENGINEER KSTP, PULAMON, KOTTARAKKARA-691506.

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ADV. SRI.GOPAKUMAR R.THALIYAL FOR R1

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SRI.P.R.PRATEESH FOR R1

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2011, 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. 793 OF 2010

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Dated this the 25^th day of March, 2011 JUDGMENT

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Pius C.Kuriakose, J.

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We have heard the submissions of Smt.Latha T.Thankappan and the learned counsel for the claimant/respondent. We have gone through the impugned judgment. The case pertains to acquisition of land in Ayirooppara village for the purpose of upgradation of Thykkode Kottarakkara State High way. The Land Acquisition Officer awarded land value at the rate of Rs.1,23,258/-. The Reference Court on evaluating the evidence would refix the land value at Rs.7 Lakhs per Are.

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Having regard to the land value redetermined by us in other cases pertaining to Ayirooppara village and having gone through the impugned judgment, we feel that the finding of the learned Subordinate Judge that Rs.7 Lakhs is the land value is not satisfactory. Hence, we set aside the impugned judgment and decree and remand L.A.R. No.173/2006 to the IInd Additional Sub Court, Thiruvananthapuram. That court is

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LAA.No.793/2010

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directed to take a fresh decision after affording opportunity to both sides to adduce whatever further evidence they want to.

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There will be a further direction that this judgment remanding the LAR to the Reference Court will become operative only if the appellant deposits 50% of the decree debt due as on date within two months of the court reopening after the Mid Summer Holidays. Once deposit is made, the respondent/claimant is permitted to withdraw the same subject to the final outcome of the LAR case.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

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dpk

State of Kerala Rep.by Dc, Tvm v. Shaila & Another

Case brief

What is this about?

What did the court decide?

State of Kerala Rep.by Dc, Tvm v. Shaila & Another

Case brief

What is this about?

What did the court decide?

What the court decided

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