Allowed

Chandrika v. State of Kerala

Kerala HC2 Mar 2012LA.App./79/2012

Case brief

AI extract

What is this about?

In a land acquisition appeal concerning a universal bypass in Kollam, the High Court refixed the claimed land value to Rs.27,450/- per Are, following a previous precedent. The court allowed the appeal and specified conditions regarding statutory benefits and interest.

What did the court decide?

Appeal allowed; land value refixed at Rs.27,450/- per Are; entitled to all statutory benefits subject to conditions.

Chandrika 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 PIUS C.KURIAKOSE

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THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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FRIDAY, THE 2ND DAY OF MARCH 2012/12TH PHALGUNA 1933

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LA.App..No. 79 of 2012 ()

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LAR.49/2000 of ADDL.SUB COURT, KOLLAM

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APPELLANT / CLAIMANT :

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CHANDRIKA KAROTUKIZHAKKATHIL, NEERAVIL CHERRY THRIKKADAVOOR VILLAGE, KOLLAM

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BY ADV. SRI.PRATHEESH.P

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RESPONDENT / STATE :

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-690013

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BY SR.GOVT. PLEADER SRI. C.R. SYAMKUMAR

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & A.V.RAMAKRISHNA PILLAI, JJ. ===================== L.A.A.NO. 79 OF 2012

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===================== Dated this the 2^nd day of March 2012

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JUDGMENT

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Pius C.Kuriakose,J.

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The claimant is the appellant. Her property in Thrikkadavur Village was acquired pursuant to Section 4(1) notification dated 26/3/1996 for the purpose of construction of National Highway bye-pass, Kollam. The Land Acquisition Officer fixed the land value at Rs.10,893/- per Are. The Reference Court refixed the same at Rs.16359.50 per Are. The main ground raised in this appeal is that for an identical property covered by common judgment in L.A..A.No.3.27/2011, this court has refixed the land value at Rs.27,450/- per Are. It is therefore prayed that the same land value to be awarded to the appellant's property also.

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Having considered the rival submissions addressed by Mr. Pratheesh.P., learned counsel for the appellant and Mr. C.R.Syam Kumar, learned Senior Government Pleader, we are of the view that the issue is covered in favour of the

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LAA 79/2012

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-2-

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appellant by judgment of this Court in L.A.A.No.327/2011.

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The above judgment has attained finality. Following that judgment, we allow this appeal and refix the land value at Rs.27,450/- per Are. The appellant will be entitled for all statutory benefits subject to conditions that we have imposed in our order dated 1^st March 2012 in C.M.Application No.165/2012 including the condition that interest under Section 28 will not be admissible during the period of 1417 days of delay condoned by this Court. Decree copy will be issued to the appellant only after ensuring that the full court fee is paid on the appeal memorandum. The appeal is allowed. No costs.

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Sd/PIUS C.KURIAKOSE, JUDGE

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Sd/A.V.RAMAKRISHNA PILLAI, JUDGE

ks.

True copy

P.S.to Judge

LAA 79/2012 -3-

Chandrika v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chandrika v. State of Kerala

Case brief

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What did the court decide?

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