Dismissed

State of Kerala v. Viswanathan

Kerala HC3 Dec 2012LA.App./565/2012

Case brief

AI extract

What is this about?

In a land acquisition appeal challenging an award that enhanced the value of land acquired for road up-gradation, the court, relying on a connected Division Bench judgment fixing the identical rate for similar land, found interference unnecessary and dismissed the appeal.

What did the court decide?

Land Acquisition Appeal dismissed; enhanced land value fixed by Reference Court at `1,50,000/- per Are upheld.

State of Kerala Vs Viswanathan — 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 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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LA.App..No. 565 of 2012 (A)

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LAR.NO.178/2006 OF II ADDL.SUB COURT, THIRUVANANTHAPURAM

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APPELLANTS/RESPONDENTS IN LAR:

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

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THE EXECUTIVE ENGINEER K.S.T.P., PULAMON, KOTTARAKKARA.

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BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL

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RESPONDENTS/CLAIMANTS IN LAR:

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VISWANATHAN, S/O.PADMANABHAN, PADMALAYAM, PULIVEEDU MURI KEEZHTHONNAKKAL, POTHENCODE THIRUVANANTHAPURAM. PIN-695 584.

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SUSEELA, D/O.BHARATHY, PADMALAYAM, PULIVEEDU MURI KEEZHTHONNAKKAL, POTHENCODE THIRUVANANTHAPURAM. PIN-695 584.

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R1 AND R2 BY ADV. SRI.J.HARIKUMAR

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 03-12-2012, 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. 565 OF 2012 A

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Dated this the 3^rd day of December, 2012

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JUDGMENT

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K.T.Sankaran, J.

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An extent of 1.59 Ares of land in Sy.No.496/30 of Keezhthonnakkal Village, belonging to the respondents, was acquired for up-gradation of Thykkode-Kottarakkara State Highway. Notification under Section 4(1) of the Land Acquisition Act was published on 6.1.2003. The Land Acquisition Officer passed an award fixing the land value at 11,717/- per Are. On reference under Section 18 of the Land Acquisition Act, the II Additional Subordinate Judge, Thiruvananthapuram in L.A.R.No.178 of 2006, enhanced the land value and fixed it at the rate of 1,50,000/- per Are. The State and the Executive Engineer, K.S.T.P. are aggrieved by the award passed by the court below.

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Learned counsel appearing for the respondents submitted

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that in L.A.A.No.269 of 2009, a Division Bench of this Court, as per

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L.A.A. NO. 565 OF 2012 A

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:: 2 ::

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the judgment dated 11.6.2010, fixed the land value in respect of similarly situated land at 1,50,000/- per Are. It is seen from the judgment in L.A.A.No.269 of 2009 that the notification under Section 4(1) of the Land Acquisition Act was published on 6.1.2003 and the acquisition was for the same purpose for which the acquisition is made in the present case. In view of the judgment in L.A.A.No.269 of 2009, we are of the view that no interference is possible in this appeal filed by the State. The land value fixed by the Reference Court is just and reasonable. Land value at the rate 1,50,000/- per Are was granted to the claimants in the connected cases.

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For the aforesaid reasons, the Land Acquisition Appeal is dismissed.

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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. Viswanathan

Case brief

What is this about?

What did the court decide?

State of Kerala v. Viswanathan

Case brief

What is this about?

What did the court decide?

What the court decided

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