Partly allowed

State of Kerala v. Ambika & Anr.

Kerala HC30 Nov 2012LA.App./1168/2009

Case brief

AI extract

What is this about?

In this land acquisition appeal, the Kerala High Court fixed the compensation rate at Rs. 2,82,000 per acre, relying on a previous Division Bench judgment in similar cases arising from the same notification, allowing the appeal in part and granting statutory benefits.

What did the court decide?

Land value re-fixed at Rs. 2,82,000 per acre; claimants entitled to all statutory benefits.

State of Kerala Vs Ambika & Anr. — Land Acquisition | Kerala HC (2012)

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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 K.T.SANKARAN

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934

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LA.App..No. 1168 of 2009 (B)

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AGAINST THE JUDGMENT IN LAR.NO.223/2007 OF II ADDL.SUB COURT, THIRUVANANTHAPURAM, DATED 25-10-2008

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APPELLANT: RESPONDENT:

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STATE OF KERALA REP BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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BY SENIOR GOVERNMENT PLEADER SRI.LIJU STEPHEN SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL

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RESPONDENTS: CLAIMANTS:

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AMBIKA, KOLATHARA VEEDU, VAYAKKALATHU MURI, ATTIPRA, THIRUVANANTHAPURAM.

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THE CHIEF EXECUTIVE OFFICER, TECHNOPARK, THIRUVANANTHAPURAM.

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R2 BY ADV. SRI.ANIL THOMAS(T), SC,TECHNOPARK ADV. SMT.K.V.RASHMI, SC, TECHNOPARK

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R1 BY ADV. SMT.M.HEMALATHA

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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L.A.A. NO.1168 OF 2009 B

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Dated this the 30^th day of November, 2012

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JUDGMENT

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K.T.Sankaran, J.

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An extent of 5.60 Ares of land in Sy.No.142/15 of Attipra Village, Thiruvananthapuram was acquired for the purpose of Technology Park, Kazhakuttom. Notification under Section 4(1) of the Land Acquisition Act was published on 17.12.2003. The Land Acquisition Officer fixed the land value at the rate of `1,30,500/- per Are. The Reference Court fixed the land value at the rate of Rupees Four lakhs per Are. The State is aggrieved by the enhancement granted by the Land Acquisition Court.

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Learned Government Pleader submitted that in L.A.A.Nos.468 and 504 of 2011, arising out of the same notification, a Division Bench of this Court, by the judgment dated 12.3.2012, fixed the land value at `2,82,000/- per Are. It is submitted that the acquisition in those cases were also for the same purpose and the

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L.A.A. NO.1168 OF 2009 B

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:: 2 ::

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lands therein were included in the same category as included in the present case.

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Accordingly, we allow the Land Acquisition Appeal in part and re-fix the land value at the rate of `2,82,000/- per Are. The claimants will be entitled to all the statutory benefits.

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(K.T.SANKARAN) Judge

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(M.L.JOSEPH FRANCIS) Judge

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ahz/

State of Kerala v. Ambika & Anr.

Case brief

What is this about?

What did the court decide?

State of Kerala v. Ambika & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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