Allowed

State of Kerala v. S. Sasidharan

Kerala HC15 Nov 2013LA.App./227/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the State's appeal. The Court revisited land values fixed in a common judgment for two-related land acquisition reference cases. To maintain consistency with a subsequent judgment on identical land values, the Court re-fixed the values, allowing the State.

What did the court decide?

Land values re-fixed at Rs.23,500/- per cent for garden land and Rs.9,000/- per cent for wet land.

State of Kerala Vs S. Sasidharan — Land Acquisition | Kerala HC (2013)

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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 S.SIRI JAGAN &

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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FRIDAY, THE 15TH DAY OF NOVEMBER 2013/24TH KARTHIKA, 1935

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LA.App..No. 227 of 2012 () --------------------------AGAINST THE JUDGMENT IN LAR 57/2003 of PRL.SUB COURT, KOZHIKODE DATED 16-11-2009 ---APPELLANT/RESPONDENT NO.1:

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-------------------------

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STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE.

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BY GOVERNMENT PLEADER SRI.PADMALAYAN

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RESPONDENTS/CLAIMANT AND 2ND RESPONDENT:

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---------------------------------------

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1. S. SASIDHARAN, S/O. UNNEERI, PUTHUKULANGARA, KAITHODY HOUSE, CHALIYAM.P.O, KOZHIKODE - 673 301.

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2. THE PROJECT OFFICER KERALA WATER AUTHORITY OVERSEES ECONOMIC CORPORATION FUND, KOZHIKODE - 673301

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R1 BY ADV. SRI.P.V.KUNHIKRISHNAN

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.

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L.A.A.No.227 of 2012

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Dated this, the 15^th day of November 2013

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Judgment

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Siri Jagan, J.

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This appeal is filed by the State. They are challenging the common judgment of the Sub Court, Kozhikode in L.A.R.Nos.52 and 57 of 2003. The L.A.R. related to acquisition of land belonging to the claimants as per a notification dated 6.6.1998 under Section 4(1) of the Land Acquisition Act. The Land Acquisition Officer fixed land value @Rs.5,379/- per cent for garden land and Rs.1,864/- per cent for wet land, for the land involved in both the L.A.Rs. On reference, the reference court refixed the land value at Rs.30,000/- per cent for garden land and Rs.20,000/- per cent for wet land. The State is challenging the land value fixed by the Sub Court in L.A.R. No.57 of 2003.

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The impugned judgment is a common judgment in L.A.R.Nos.52/03 and 57/03. As against L.A.R.No.52/03, in which also identical land values have been fixed and which was also disposed of by the impugned judgment, this Court has, in L.A.A.No.839/10, re-fixed the land value at Rs.23,500/- per cent

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LAA 227/12

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for garden land and Rs.9,000/- per cent for wet land. That being so, the land value in this case also has to be re-fixed in tune with that judgment. Accordingly, following that judgment, the land value in this case is also re-fixed as Rs.23,500/- per cent for garden land and Rs.9,000/- per cent for wet land.

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The appeal is disposed of as above.

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S.SIRI JAGAN, JUDGE

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K.RAMAKRISHNAN,JUDGE

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sta

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LAA 227/12 3

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LAA 227/12 4

State of Kerala v. S. Sasidharan

Case brief

What is this about?

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State of Kerala v. S. Sasidharan

Case brief

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