Allowed

Parukuttyamma v. State of Kerala

Kerala HC12 Mar 2012LA.App./96/2012

Case brief

AI extract

What is this about?

In this land acquisition appeal, the Kerala High Court addressed the valuation of acquired property in Kakkanad. Relying on a pending judgment in a related matter (LAA No.464/2009), the Court refixed the land market value at Rs.1,20,000 per cent, allowing the appeal subject to conditions regarding delay condonation.

What did the court decide?

The appeal was allowed and the market value of the land was refixed at Rs.1,20,000/- per cent. The appellants are entitled to all statutory benefits, subject to compliance with conditions on delay con

Parukuttyamma 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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MONDAY, THE 12TH DAY OF MARCH 2012/22ND PHALGUNA 1933

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LA.App..No. 96 of 2012 ()

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LAR.150/2007 of III ADDL.SUB COURT, ERNAKULAM

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CLAIMANTS/APPELLANTS:

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1. PARUKUTTYAMMA(DIED)

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D/O.LAKSHMIKUTTY AMMA, PAYATTUPARAMBIL

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ELAKULIYATTU HOUSE, PALACHUVAD, KAKKANAD.

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2. USHA KUMARI, D/O.PARUKUTTY AMMA, PAYATTUPARAMBIL

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ELAKULIYATTU HOUSE, PALACHUVAD, KAKKANAD.

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3. LAKSHMIKUTTY AMMA, D/O.LATE PARUKUTTY AMMA, PAYATTUPARAMBIL ELAKULIYATTU HOUSE, PALACHUVAD, KAKKANAD.

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4. ANIL KUMAR, S/O.LATE PARUKUTTY AMMA, PAYATTUPARAMBIL ELAKULIYATTU HOUSE, PALACHUVAD, KAKKANAD.

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BY ADVS.SRI.A.BALAGOPALAN

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SRI.A.RAJAGOPALAN

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SRI.C. MURALY

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SRI.M.S.IMTHIYAZ AHAMMED

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) KOCHI REFINERIES LTD., VYTTILA, N.F.GATE THRIPUNITHURA - 682 023.

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(ADDITIONAL RESPONDENT-2).

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2. THE CHIEF EXECUTIVE OFFICER INFO PARK, KUSUMAGIRI, KAKKANAD - 682 030.

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R1 BY SR. GOVT. PLEADER SRI.C.R.SYAM KUMAR R2 BY ADVS. SRI.ANIL THOMAS, SC, INFOPARK SMT.RASHMI. K.V., SC, INFOPARK

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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svs

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L.A.A. NO. 96/2012

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE-A1.COPY OF THE JUDGMENT PASSED BY THE HONOURABLE HIGH COURT IN LAA.771/2009, 779/2009 AND 795/2009 DATED 12.7.2010.

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ANNEXURE-A2.COPY OF THE JUDGMENT IN LAR.137/2007 SERIES DATED 23.12.2010.

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ANNEXURE-A3.COPY OF THE JUDGMENT PASSED BY THE 3RD ADDITIONAL SUB COURT, ERNAKULAM IN LAR.160/2007 DATED 21.8.2008.

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ANNEXURE-A4.COPY OF THE JUDGMENT IN LAA.464/2009 DATED 4.2.2010.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A. TO JUDGE.

svs

PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ

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LAA No.96 of 2012

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Dated this the 8^th day of March, 2012

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JUDGMENT

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Pius C. Kuriakose, J

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The claimants are the appellants.

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Their property in Kakkanad village was acquired pursuant to Section 4(1) notification published on 18/07/2005. The land acquisition officer awarded land value at the rate of Rs.35,046/- per cent. The reference court under the impugned judgment refixed the land value at the rate of Rs.76,173/- per cent.

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We have heard Shri C. Muraly, learned counsel for the appellants and Shri C. R. Syam Kumar, learned senior Government Pleader. Shri C. Muraly, learned counsel for the appellants drew our attention to the judgment of this Court in LAA No.464/2009. It was submitted by Shri Muraly that for identical land this Court refixed the land value at Rs.1,20,000/- per cent.

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We have gone through the copy of the judgment of this Court in LAA No.464/2009. We find that for similar lands for which the land

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LAA No.96 of 2012 -:2:-

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acquisition officer awarded same rate of Rs.35,046/- per cent, the Reference Court has refixed the land value at Rs.1,20,000/- per cent. It is not disputed before us by Shri C. R. Syam Kumar, learned senior Government Pleader and Smt.K. V. Reshmi that the judgment in LAA No.464/2009 has not attained finality.

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Following that judgment, we allow the appeal and refix the market value of the land under acquisition to Rs.1,20,000/- per cent. The appellants will be entitled for all statutory benefits subject to what we have stated in the order condoning the delay.

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The appeal is allowed. Parties are directed to suffer their respective costs. Decree copies will be issued to the appellant only after it is ensured that conditions imposed by this Court while condoning the delay in filing

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the appeal are complied with. It shall also be ensured that the full court fee on the appeal memorandum is remitted.

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sd/- PIUS C. KURIAKOSE JUDGE sd/- A. V. RAMAKRISHNA PILLAI JUDGE

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//TRUE COPY//

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P.A TO JUDGE

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krj

Parukuttyamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Parukuttyamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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