The Kerala High Court dismissed an acquisition appeal wherein the State challenged the enhancement of land value from Rs. 19,000 to Rs. 80,000 per cent by the lower court, finding the higher rate reasonable given the location in Uduma town.
The appeal is dismissed.
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 HARUN-UL-RASHID
THURSDAY, THE 3RD DAY OF JANUARY 2013/13TH POUSHA 1934
LA.App..No. 676 of 2009 (D) ---------------------------
(AGAINST THE JUDGMENT AND DECREE DATED 12.12.08 IN LAR NO.6/07 OF THE . SUB COURT, KASARAGOD)
APPELLANTS/RESPONDENTS:
BY GOVERNMENT PLEADER SMT.SUNITHA
RESPONDENT(S)/CLAIMANTS:
R9 BY ADV. SRI.SURESH KUMAR KODOTH
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 0301-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
al.
HARUN-UL-RASHID,J.
L.A.A No. 676 OF 2009
Dated this the 3rd day of January 2013
JUDGMENT
The State of Kerala and another are the appellants. The appeal is directed against the judgment and decree dated 12.12.2008 in LAR No. 6/07 on the file of the Sub Court, Kasaragod.
L.A.A.No.676/2009 2
commercial complexes, schools, masjids etc. near to the acquired property. It is also reported that acquired property is situated in the heart of the Uduma town with high potential value. The claimant has produced Exts.A8, A9 and A10 to prove the land value in Uduma town. The court placed reliance on Ext.A8 which is the sale deed of the year 1998 in respect of 11 cents of land. The rate per cent is Rs. 57,000/-. The court on evidence found that the said property is also situated in Uduma town. The court further found that Ext.A8 sale deed is of the year 1998 and the 4(1) notification in the present case is of the year 2005. Considering the fact that the land is situated in Uduma town, near to Bekal tourism centre and the land value must have been gone up from 1998 to 2005, the reference court fixed the land value at the rate of Rs. 80,000/- per cent. Fixation of land value at the rate of Rs.80,000/- is reasonable and just. This Court find that no sustainable grounds are made out for interference. The appeal is devoid of any merit and is dismissed.
Sd/- HARUN-UL-RASHID JUDGE
al/-
1 issue framed by the court
Whether the enhanced land value of Rs. 80,000/- per cent fixed by the lower court is sustainable in light of market rates and development in the vicinity.
1 provisions across 1 enactments
State of Kerala
K.S. Mohammed Kunhi
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
