Partly allowed

Nalini v. State of Kerala

Kerala HC3 Jun 2014LA.App./1010/2007

Case brief

AI extract

What is this about?

The Kerala High Court partly allowed Land Acquisition Appeal No. 1010 of 2007 filed by the second claimant against the Reference Court's valuation. The Court held that the revised land value determined in a connected case (L.A.A. No. 248/2008) applicable under the same notification should be followed. It re-fixed the land value by awarding an additional compensation of Rs. 5,000 per are.

What did the court decide?

Appeal partly allowed. Land value re-fixed awarding Rs. 5,000/- per Are as additional compensation. Appellant entitled to all statutory benefits.

Nalini Vs State of Kerala — Land Acquisition | Kerala HC (2014)

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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 HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 3RD DAY OF JUNE 2014/13TH JYAISHTA, 1936

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LA.App..No. 1010 of 2007 ( )

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AGAINST THE JUDGMENT IN LAR 71/2004 of SUB COURT, MUVATTUPUZHA DATED 31-07-2006

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APPELLANT/2ND CLAIMANT:

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NALINI, AGED 49 YEARS, W/O. NATARAJAN, THUNDIPARAMBIL HOUSE, MATTAKUZHIKKARA KONAM DESOM, PALLURUTHY, KOCHI-6.

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BY ADVS.SRI.K.S.BABU

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SMT.N.SUDHA

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RESPONDENTS/RESPONDENT & IST CLAIMANT:

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STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030.

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LEGAL OFFICER (SECRETARIAT) KOCHI REFINERIES LTD, MARADU, KUNDANNOOR.

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SARASU, W/O. GOPI, KANNETHU PADINJERE PURAYIDOM MATTAKUZHY KARA, THIRUVANIYUR VILLAGE ERNAKULAM DISTRICT.

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R1 BY GOVERNMENT PLEADER SMT.P.A.REZIYA

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R2 BY ADV. SRI.E.K.NANDAKUMAR R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R3 BY ADV. SRI.T.A.SHAJI R3 BY ADV. SRI.K.C.PAULOSE

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.

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--------------------------------------------------

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L.A.A.No.1010 of 2007

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-------------------------------------------------DATED THIS THE 3^rd DAY OF JUNE, 2014

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JUDGMENT

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HARUN-UL-RASHID, J.

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The 2^nd claimant in L.A.R.No.71/2004 on the file of the Sub Court, Muvattupuzha is the appellant. The appeal is directed against the judgment and decree dated 31.7.2006 in the said case. An extent of 24.63 Ares of land belonging to the claimants was acquired for the purpose of increasing the refining capacity of Kochi Refinery Ltd. Notification under Section 4(1) of the Land Acquisition Act was published on 4.11.2000. The Land Acquisition Officer fixed land value @ Rs.31,900/- per Are. The Reference Court re-fixed land value and granted an additional land value of Rs.10,100/- per Are, as against the claim of Rs.50,000/- per cent. Aggrieved by the quantum of compensation awarded, the 2^nd claimant has preferred this appeal.

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L.A.R.No.96/2003 on the file of the Sub Court, Muvattupuzha, is a connected case. The property belonging to the claimant in that case was also acquired for the very same purpose under the very same notification. In that case also, the Land Acquisition Officer fixed the same land value and the Reference Court granted same enhancement. The claimant in that case preferred L.A.A.No.248/2008. This Court vide

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L.A..A.No.1010/07 -2-

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judgment dated 18.5.2010 partly allowed the appeal and refixed the value of the land under acquisition @ Rs.47,000/- per Are more. Since the properties are acquired under the very same notification, granting the same land value, we are of the view that the revised value fixed by this Court is applicable in this case also.

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In the result, the appeal is partly allowed. The land value for the land acquired is re-fixed awarding Rs.5,000/- per Are as additional compensation. It is made clear that the appellant will be entitled to all statutory benefits available to her under the Land Acquisition Act.

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Sd/-

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HARUN-UL-RASHID ,

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JUDGE

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Sd/- ANIL K.NARENDRAN, JUDGE

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dsn

Nalini v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nalini v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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