Allowed

N.Jayadevan v. State of Kerala and Another

Kerala HC4 Feb 2013LA.App./974/2008

Case brief

AI extract

What is this about?

The Court disposed of two land acquisition appeals where appellants challenged the land value fixed by the reference court. Relying on a Division Bench order refixing value for identical properties at Rs. 2,00,000 per are, the Court re-fixed the land value for the appellants' properties at the same rate.

What did the court decide?

The land value was re-fixed at the rate of Rs. 2,00,000/- per are for the properties involved in these appeals.

N.Jayadevan Vs State of Kerala and Another — 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 HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 6TH DAY OF FEBRUARY 2013/17TH MAGHA 1934

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LA.App..No. 974 of 2008 ( )

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--------------------------AGAINST THE ORDER/JUDGMENT IN LAR.208/2003 of II ADDL.SUB COURT,TRIVANDRUM DATED 29-06-2007 APPELLANT(S):

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N.JAYADEVAN, S/O.NARAYANAN, AGED 60 YEARS, POWER OF ATTORNEY HOLDER OF SMT.N.CHELLAMMA, NOW RESIDING AT “ANUGRAHA”, DREAM LAND, POTHUJANAM ROAD, KUMARAPURAM, MEDICAL COLLEGE P.O., TRIVANDRUM.

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BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM)

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, TRIVANDRUM.

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2. THE MANAGING DIRECTOR, TRIVANDRUM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, TRIVANDRUM.

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R1 BY ADV. GOVERNMENT PLEADER SRI.ABDUL KHADER

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06-022013, ALONG WITH LAA. 1543/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ.

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================== L.A.A.Nos.974/2008 & 1543/2009

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==================

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Dated this the 6^th day of February, 2013 J U D G M E N T

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SIRI JAGAN, J.

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In these two land acquisition appeals, certain properties belonging to the respective appellants were acquired as per a notification dated 4.2.1999 issued under Section 4(1) of the Land Acquisition Act. Dissatisfied with the classification of the land and the land value fixed by the land acquisition officer, the appellants sought reference to the court to fix the land value. Those land acquisition references came to be referred as L.A.R.Nos. 171/2003 and 208/2003. After considering the evidence adduced, the reference court came to the conclusion that the properties acquired come under category No.III and fixed land value at the rate of ` 1,50,000/- per are. Dissatisfied with the land value fixed by the reference court, the appellants have filed these appeals seeking enhanced land value.

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It is not disputed before us by the learned Government Pleader that for category No.III land in the same acquisition, in L.A.A.No. 1644/2007 and Cross Objection No.11/2008 in that appeal, a Division Bench of this Court has refixed land value at

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L.A.A.974/08 & C.C. - : 2 :-

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the rate of 2,00,000/- per are. Since fixation of land value as 2,00,000/- is in respect of identical properties in the same acquisition, the appellants in these cases are also entitled to 2,00,000/- per are for the land acquired from them. Accordingly, for the properties involved in these appeals also, we re-fix the land value at the rate of 2,00,000/- per are. Needless to say, the appellants would be entitled to statutory benefits on the basis of that land value.

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The L.A. Appeals are disposed of as above.

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Sd/S.SIRI JAGAN, JUDGE Sd/sdk+ BABU MATHEW P.JOSEPH, JUDGE

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///True copy///

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P.A. to Judge

N.Jayadevan v. State of Kerala and Another

Case brief

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N.Jayadevan v. State of Kerala and Another

Case brief

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