This Division Bench disposed of an appeal against a lower court order enhancing land value. The Court held that established precedents fix the land value for Category III land at `10,00,000/- per Are for this acquisition, allowing the appeal in part to refix the rate accordingly.
Land acquisition appeal allowed in part; land value refixed at `10,00,000/- per Are.
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 K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934
LA.App..No. 182 of 2009 ( )
LAR.299/2007 of II ADDL.SUB COURT,TRIVANDRUM
APPELLANT/RESPONDENT::
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT.ROSE MICHAEL.
RESPONDENT(S)/CLAIMANTS & 2ND RESPONDENT::
ADDL.RESPONDENTS IMPLEADED :
(LEGAL HERIS OF DECEASED R1 ARE IMPLEADED AS ADDL. RESPONDENTS 4 & 5 VIDE ORDER DT. 31.8.2011 IN I.A.NO.2504 OF 2011.)
R,ADDL.R3- 4 BY ADV. SRI.LAL GEORGE R,ADDL.R3-4 BY ADV. SMT.M.J.INDUJA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03-122012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
L.A.A. No.182 of 2009
Dated 3rd December, 2012.
J U D G M E N T
K.T.Sankaran, J.
An extent of 0.16 Ares of land in Survey No.195/6 of Pettah Village was acquired for the Development of Trivandrum Airport. Notification under Section 4(1) of the Land Acquisition Act was published on 10.8.2004. The Land Acquisition officer passed an award dated 9.3.2007, fixing the land value at 1,21,507/- per Are. On reference under Section 18 of the Land Acquisition Act, the II Additional Subordinate Judge, Thiruvananthapuram, enhanced the land value and fixed the same at 16,54,307/- per Are. The State is aggrieved by the enhancement of land value awarded by the Land Acquisition Court.
2
L.A.A. No.182 of 2009
respondents submitted that in LAA No.394 of 2010 and connected cases, the Division Bench fixed the land value at `10,00,000/- per Are for Category No.III, in respect of the same acquisition, as per the judgment dated 3.2.2011. The land involved in the present case was also included in Category No.III.
We do not find any ground to depart from the view taken by the Division Bench in LAA No.717 of 2009 and connected cases and the judgment in LAA No.394 of 2010 and connected cases. Accordingly, the Land Acquisition Appeal is allowed in part and the land value is refixed at `10,00,000/- per Are.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
2 issues framed by the court
Whether the Division Bench view fixing land value at `10,00,000/- per Are for Category III land is binding in the present case.
Whether the land acquisition appeal merits allowance to fix land value at `10,00,000/- per Are.
2 provisions across 1 enactments
State of Kerala represented by the District Collector, Thiruvananthapuram
Lokanandan (deceased)
Velayudhan Achari
The Managing Director, Thiruvananthapuram International Airport Development Society
Padmini
Deepu
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
