Dismissed

A.Rubeena v. State of Kerala

Kerala HC19 Nov 2013LA.App./716/2012

Case brief

AI extract

What is this about?

In this land acquisition appeal regarding value determination, the High Court of Kerala dismissed the appellant's claim for enhanced compensation. The tribunal had enhanced the value based on similarity with another case; the court held no merit in the appellant's arguments challenging this finding as no plea was made to rebut the similarity finding. The appeal was ultimately dismissed.

What did the court decide?

The land acquisition appeal is dismissed.

A.Rubeena Vs State of Kerala — 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 & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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TUESDAY, THE 19TH DAY OF NOVEMBER 2013/28TH KARTHIKA, 1935

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LA.App..No. 716 of 2012 (D)

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---------------------------AGAINST THE JUDGMENT AND DECREE IN LAR 103/2007 OF PRINCIPAL SUB COURT, PARAVUR DATED 19-08-2009

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APPELLANT/CLAIMANT :

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A.RUBEENA W/O.VARGHESE, MENACHERY, VALLUVALLU KARA KOONAMMAVU P.O., PIN-683518.

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BY SENIOR ADVOCATE SRI. S SREEKUMAR BY ADVS.SRI.P.MARTIN JOSE

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SRI.V.A.JOHNSON SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.ANEESH JAMES

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RESPONDENT/RESPONDENT :

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STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), N.H.NO.3 VYTTILA, ERNAKULAM-682019.

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BY GOVT. PLEADER SMT. P. REZIYA

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19-11-2013, 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.716 of 2012

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Dated this, the 19^th day of November 2013

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Judgment

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Siri Jagan, J.

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The appellant is the claimant in L.A.R.No. No.103/07. Certain land belonging to the appellant was acquired by the State as per a notification dated 23.08.2004 issued under Section 4(1) of the Land Acquisition Act. The Land Acquisition Officer fixed land value at Rs.87,576/- per are. The principal Sub Judge, North Paravur, in L.A.R.No. No.103/07, enhanced the land value to Rs.1,44,495/- per are. Dissatisfied with the land value fixed by the Sub Court, the appellant has filed this appeal, seeking enhanced land value.

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We have heard the learned Government Pleader

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also.

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The only evidence to prove the land value was Ext.A1 certified copy of the judgment in L.A.R.No. No.132/07 passed by the very same court. That was in respect of a property for which, the land acquisition officer fixed land value

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L.A.A..No.716 of 2012 2

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at Rs.87,576/- per are, which was enhanced to Rs.1,44,495/per are. After considering the evidence adduced by the appellant, the Tribunal came to the conclusion that the properties are similar and similarly situated in the very same locality and both lands were acquired for the same purpose under the same notification. The present contention raised by the appellant is that the acquired property is better than the property involved in Ext.A1 judgment. But, there is no pleading in the appeal memorandum that the finding of the Tribunal that both properties are similar and similarly situated in the very same locality is wrong. On the other hand, for both properties, the land acquisition officer fixed the very same land value and categorised the same in the same category. In the above circumstances, we do not find any merit in the contentions of the appellant. Accordingly, the appeal is dismissed.

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S.SIRI JAGAN, JUDGE

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K.RAMAKRISHNAN,JUDGE

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sta

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L.A.A..No.716 of 2012 3

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L.A.A..No.716 of 2012 4

A.Rubeena v. State of Kerala

Case brief

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A.Rubeena v. State of Kerala

Case brief

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