Allowed

Risa Salim v. State of Kerala

Kerala HC17 Dec 2012LA.App./207/2012

Case brief

AI extract

What is this about?

The appeal fixed land value at Rs. 60,000 per cent for a 13.1456-cent plot acquired for a road project. The court allowed the appeal, adjusting the value based on a previous precedent, but denied interest for the 905-day delay in filing the appeal.

What did the court decide?

Land acquisition appeal allowed; land value fixed at Rs. 60,000 per cent; interest under Section 28 of the Land Acquisition Act denied for 905 days.

Risa Salim Vs State of Kerala — 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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MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934

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LA.App..No. 207 of 2012 ()

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AGAINST THE JUDGMENT IN LAR.123/2006 OF SUB COURT,THODUPUZHA DATED 30-06-2009

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APPELLANT(S): CLAIMANTS

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RISA SALIM D/O. ABDUL SALIM,

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PALLIPARAMBIL HOUSE, VENGALLOOR THODUPUZHA, IDUKKI DISTRICT.

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LUBINA SALIM, D/O. ABDUL SALIM, PALLIPARAMBIL HOUSE, VENGALLOOR THODUPUZHA, IDUKKI DISTRICT.

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BY ADVS. SRI.P.B.KRISHNAN

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SRI.P.P.THAJUDEEN SMT.P.B.WAHIDA SMT.C.SEENA

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RESPONDENT(S)/RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR IDUKKI - 685 603.

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BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17-12-2012, 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.207 of 2012

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Dated this the 17^th day of December, 2012

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JUDGMENT

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K.T.Sankaran, J.

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This Land Acquisition Appeal arises out of L.A.R.No.123 of 2006 on the file of the court of the Subordinate Judge of Thodupuzha. The land having an extent of 13.1456 cents in Kumaramangalam Village was acquired for the purpose of construction of Thodupuzha Bye-pass additional road as per the notification under Section 4(1) dated 28.12.2004. The Land Acquisition Officer awarded compensation fixing the land value at 21,483/- per Are. On reference to the Sub Court, Thodupuzha, the Land Acquisition Court enhanced the land value to 63,565/per Are. The claimant is not satisfied with the amount awarded and therefore, she has filed this Land Acquisition Appeal claiming land value of ` 60,000/- per cent of land.

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The learned counsel for the appellant submitted that

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L.A.A.No.207/12

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in L.A.A.No.1355 of 2009, a Division Bench of this Court fixed the land value in respect of a similar acquisition at ` 50,000/per cent of land and in that case, the notification was issued on 12.6.2002. In the present case, the notification was issued on 28.12.2004. It is submitted that 10% increase in the land value may be granted than the value given in L.A.A.No.1355 of 2009.

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For parity of reasons, we are of the view that this Land Acquisition Appeal is liable to be allowed fixing the land value at 60,000/- per cent of land. 10% increase of the land value given in L.A.A.No.1355 of 2009 per year would take us to more than 10,000/-. We are of the view that the land value can be limited to ` 60,000/- per cent.

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4. Accordingly, the Land Acquisition Appeal is allowed

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and the land value is re-fixed at 60,000/- per cent instead of 63,565/- per Are as fixed by the Land Acquisition Court. The appellant would be entitled to all the statutory benefits and proportionate costs. However, as held by the Division Bench, the

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L.A.A.No.207/12

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appellant would not be entitled to interest under Section 28 of the Land Acquisition Act on the enhanced compensation for a period of 905 days, the period of delay in filing the appeal.

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K.T.SANKARAN JUDGE

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M.L.JOSEPH FRANCIS JUDGE

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csl

Risa Salim v. State of Kerala

Case brief

What is this about?

What did the court decide?

Risa Salim v. State of Kerala

Case brief

What is this about?

What did the court decide?

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