Dismissed

State of Kerala v. B.Sreekumar

Kerala HC9 Jun 2014LA.App./1330/2008

Case brief

AI extract

What is this about?

This land acquisition appeal challenged the compensation quantum for land acquired for road widening. The High Court upheld the Reference Court's enhanced compensation of ₹2,00,000/- per Acre, finding it just, reasonable, and consistent with a similar case in the same village.

What did the court decide?

The appeal challenging the quantum of compensation is dismissed upholding the reference court award.

State of Kerala Vs B.Sreekumar — Land Acquisition | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

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

¶4

MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936

¶5

LA.App..No.1330 of 2008 (B)

¶6

AGAINST THE ORDER/JUDGMENT IN LAR 55/2004 of 1^st ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 26-10-2007

¶7

APPELLANTS/RESPONDENTS :

¶8

STATE OF KERALA (SPL.TAHSILDAR ADDL (NH) KESAVADASAPURAM, REPTD.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

¶9

THE EXECUTIVE ENGINEER, PWD, NH DIVISION, THIRUVANANTHAPURAM.

¶10

BY GOVERNMENT PLEADER SMT.ROSE MICHAEL

¶11

RESPONDENT/CLAIMANT:

¶12

B.SREEKUMAR, M.D.BHAVAN, MANNANTHALA.

¶13

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

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

¶15

L.A.A.No.1330 of 2008

¶16

Dated this the 09^th day of June, 2014

¶17

JUDGMENT

¶18

HARUN-UL-RASHID, J.

¶19

State of Kerala and another are the appellants. The appeal is directed against the judgment and decree dated 26/10/2007 in L.A.R.No.55 of 2004 on the file of the 1^st Additional Sub Court, Thiruvananthapuram. An extent of 0.38 Ares of land belonging to the respondent/claimant was acquired for the widening of road from KeshavadasapuramMannanthala reach-1. The Notification under Section 4(1) of the Land Acquisition Act was published on 30/3/1998. The Land Acquisition Officer passed the award fixing the land value at `1,28,562/- per Are. The Reference Court re-fixed the land value @ 2,00,000/- per Are. The appellants preferred₹ the appeal challenging the quantum of compensation.

¶20

The claimant as AW.1 testified before the court that

¶21

the land is situated at an important place having many public

¶22

L.A.A.No.1330 of 2008

¶23

¶24

and private institutions in its vicinity and that the Land Acquisition Officer failed to consider the importance of land while fixing the compensation. In support of the claim for enhanced compensation, claimant produced Ext.A1 judgment in L.A.R.No.133 of 2001 before the Reference Court. The property involved in L.A.R.No.133 of 2001 judgment marked as Ext.A1 is also acquired for the same purpose as per the Notification dated 6/7/1999. The property lies in the same village. In that case Land Acquisition Officer fixed the land value at 1,40,605/- per Are and the Reference Court enhanced₹ the same to 2,00,000/- per Are. ₹

¶25

The Reference Court examined Exhibit A1 document and concluded that the land covered under land acquisition and land covered in Ext.A1 are similar and similarly situated and both the lands are acquired for a common purpose. The Reference Court enhanced the compensation and re-fixed @ ₹2,00,000/- in L.A.R.No.133 of 2001. The appeal preferred challenging the quantum fixed in L.A.R.No.133 of 2001 stands

¶26

L.A.A.No.1330 of 2008

¶27

¶28

dismissed. We also find that the fixation of 2,00,000/- per Are₹ by the Reference Court is just and reasonable. We do not find any reason to interfere with the award passed by the Reference Court. The appeal therefore fails and hence dismissed.

¶29

HARUN-UL-RASHID, JUDGE

¶30

ANIL K.NARENDRAN, JUDGE

¶31

skj

¶32

True copy

¶33

P.A to Judge

State of Kerala v. B.Sreekumar

Case brief

What is this about?

What did the court decide?

State of Kerala v. B.Sreekumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajeev Shenoy K.R. Vs the Official Liquidator

State of Kerala Vs Radhakumari

K.B.Ramachandran Nair Vs State of Kerala

Deepak P.M. Vs Kumara Pillai

Sirajudheen Vs Krishnankutty and Others

Sajeev Mon Philip @ Philipochan Vs Sibi @ Sibimon