State appealed Sub Court's reference judgment fixing land value based on DLPC precedent. Bench held DLPC value criteria differ from Kerala context. Appeal allowed, Sub Court judgment set aside, matter remanded.
Set aside Sub Court judgment in L.A.R.No.6/2006. Remand matter for fresh consideration in accordance with law.
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. 63 of 2012 ()
LAR.NO. 6/2006 OF SUB COURT, PATHANAMTHITTA
APPELLANT(S)/RESPONDENTS IN L.A.R. :
1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA.
2. THE EXECUTIVE ENGINEER,
BY GOVERNMENT PLEADER SMT. P.A.RAZIYA
RESPONDENT(S)/CLAIMANT IN L.A.R :
THANKACHAN, REPRESENTED BY POWER OF ATTORNEY ALEX.T.K, VALUTHUNDI, ERATHU - 691 523.
BY ADV. SRI.BECHU KURIAN THOMAS SMT.TINA ALEX THOMAS
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
==================
L.A.A.No. 63 of 2012
==================
Dated this the 22nd day of November, 2013 J U D G M E N T
S.Siri Jagan, J.:
The State is the appellant in this appeal. The State acquired certain properties belonging to the respondent, as per a notification dated 21.7.2003 issued under Section 4(1) of the Land Acquisition Act. The land acquisition officer fixed land value at 23,170/- per are. On reference, in L.A.R.No.6/2006, the Sub Court, Pathanamthitta, re-fixed the land value at 1,50,000/per are, relying on Ext.A1 judgment in L.A.R.No.312/2005 of the same court. The State is challenging the land value fixed by the reference court.
L.A.A.63/12 - : 2 :-
120/12, this Court had considered the very same question as to whether DLPC land value can be awarded for similar acquisitions. In those cases, this Court had held that DLPC land value cannot automatically be awarded for other acquisitions because the criteria for the same are different. Following those judgments, we set aside the judgment of the Sub Court, Pathanamthitta, in L.A.R.No.6/2006 and remand the matter for fresh consideration in accordance with law. The parties are directed to appear before the reference court for further proceedings on 16.12.2013.
The appeal is disposed of as above.
Sd/-
S.SIRI JAGAN, JUDGE
Sd/-
sdk+
K.RAMAKRISHNAN, JUDGE
///True copy///
P.A. to Judge
L.A.A.63/12 - : 3 :-
2 issues framed by the court
Whether Delhi High Court land value (DLPC) can be automatically awarded for other acquisitions in Kerala.
Validity of referring judgment relying on compromise decree accepting DLPC value.
1 provisions across 1 enactments
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA
THE EXECUTIVE ENGINEER, K.S.T.P, KOTTARAKKARA
THANKACHAN, REPRESENTED BY POWER OF ATTORNEY ALEX.T.K, VALUTHUNDI, ERATHU - 691 523
S.SIRI JAGAN
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
