The High Court of Kerala dismissed an appeal filed by the State challenging the higher land value fixed by the Sub Court. The court relied on a prior dismissed appeal concerning comparable properties to reject the current claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 22ND DAY OF NOVEMBER 2013/1ST AGRAHAYANA, 1935
LA.App..No. 26 of 2013 ()
AGAINST THE JUDGMENT IN LAR 650/2009 of II ADDL.SUB COURT,TTHIRIUVANANTHAPURAM, DATED 07-02-2012
APPELLANT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NH DIVISION.
BY GOVERNMENT PLEADER SMT.P.A.RAZIYA
RESPONDENT(S)/CLAIMANTS:
1. K.SUNDARESAN, SANTHA BHAVAN, COLLEGE STEP, NALANCHIRA, THIRUVANANTHAPURAM - 695 015.
2. S.SANTHAKUMARI, SANTHA BHAVAN, COLLEGE STEP, NALANCHIRA, THIRUVANANTHAPURAM - 695 015.
BY ADVS. SRI.LAL GEORGE SMT.M.J.INDUJA
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
==================
L.A.A.No. 26 of 2013
==================
Dated this the 22nd day of November, 2013 J U D G M E N T
S.Siri Jagan, J.:
The State has filed this appeal challenging the judgment of the II Additional Sub Court, Thiruvananthapuram, in L.A.R.No. 650/2009. The State acquired certain properties belonging to the respondents as per a notification dated 31.1.2005 issued under Section 4(1) of the Land Acquisition Act. The land acquisition officer fixed land value at 2,26,674/- per are. The Sub Court, on reference, re-fixed land value at 9,16,000/- per are. Aggrieved by the land value fixed by the reference court, the State has filed this appeal.
It is not disputed before us that in similar appeals, in respect of comparable properties, L.A.A.No.79/2013 filed by the State has been dismissed. Accordingly, following that judgment, this appeal is also dismissed.
Sd/S.SIRI JAGAN, JUDGE
sdk+
Sd/K.RAMAKRISHNAN, JUDGE ///True copy///
P.A. to Judge
1 issue framed by the court
Whether the State's appeal regarding the land value fixed by the reference court should be allowed.
STATE OF KERALA
K.SUNDARESAN
S.SANTHAKUMARI
S.SIRI JAGAN
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
