The High Court of Kerala, in two land acquisition appeals, refixed the land value at Rs.65,000/- per are by relying on a comparable judgment (L.A. App. No. 705 of 2012) and remanding the matter for payment of statutory benefits based on the enhanced value.
Land value refixed at Rs.65,000/- per are; appellants entitled to statutory benefits.
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 HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 4TH DAY OF FEBRUARY 2013/15TH MAGHA 1934
LA.App..No. 659 of 2012 (D)
AGAINST THE JUDGMENT IN LAR.72/2000 of ADDL.SUB COURT,KOLLAM
APPELLANT/CLAIMANT:
JANAKI AMMA ANANDABAI AMMA, THEKKEPOOVANGAL VEEDU, KUREEPUZHA, THRIKKADAVOOR, KOLLAM.
BY ADV. SRI.PRATHEESH.P
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTR, KOLLAM 6900013.
BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04-02-2013, ALONG WITH L.A.A. NO.645/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
S. SIRI JAGAN &
BABU MATHEW P. JOSEPH, JJ.
L.A.App. Nos. 645 & 659 of 2012
Dated this the 4th day of February, 2013
JUDGMENT
Siri Jagan, J.
The appellants in these two appeals are the claimants in L.A.R.Nos.90 of 2001 and 72 of 2000 before the Additional Subordinate Judge, Kollam. The LARs were in respect of an acquisition as per a notification dated 22.12.1995 under Section 4(1) of the Land Acquisition Act. The Land Acquisition Officer fixed the land land value at Rs.22,487/- per are. In the Land Acquisition References, the Sub Court enhanced the land value to Rs.34,855/- per are. Dissatisfied with the fixation of land value by the reference court, the appellants have filed these appeals seeking enhanced land value.
[L.A.A.Nos.645 & 659/2012] 2
to the same land value. The learned Government Pleader could not dispute the fact that the said L.A. Appeal is in respect of comparable land. That being so, the appellants in these cases are also entitled to have the land value fixed at the rate of Rs.65000/- per are for the land acquired from them. Accordingly, in these two appeals, we refix the land value at Rs.65,000/- per are. Needless to say, the appellants would be entitled to statutory benefits as applicable to the said land value.
The Appeals are disposed of as above.
Sd/S. SIRI JAGAN, JUDGE.
Sd/-
BABU MATHEW P. JOSEPH, JUDGE.
krs.
// True Copy //
P.S. to Judge.
1 issue framed by the court
Whether the land value should be refixed at Rs.65,000/- per are based on a comparable precedent.
Colour shows how this judgement treated each authority
L.A. App. No.705 of 2012Relied on¶24
1 provisions across 1 enactments
Janaki Amma Anandabai Amma
State of Kerala
S. Siri Jagan
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
