Allowed

State of Kerala v. v.Rajasekharan Nair and Another

Kerala HC24 Mar 2014LA.App./948/2010

Case brief

AI extract

What is this about?

The High Court allowed the State's appeal against the Reference Court's enhanced compensation. The court re-fixed the market value of the acquired land from the lower court's rate to Rs.22,00,000/- per Acre, differing from both the initial RAO fixation and the appeal-stage fixation of Rs.17,00,000.

What did the court decide?

Appeal allowed; market value of land re-fixed at Rs.22,00,000/- per Acre with entitlement to benefits.

State of Kerala Vs v.Rajasekharan Nair and Another — 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 &

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 24TH DAY OF MARCH 2014/3RD CHAITHRA, 1936

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LA.App..No. 948 of 2010 ( )

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AGAINST THE JUDGMENT AND DECREE IN LAR 99/2008 of II ADDL.SUB COURT,TRIVANDRUM DATED 14-11-2008.

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APPELLANT(S)/RESPONDENT NO.1 IN LAR:

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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BY ADVS.SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER

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RESPONDENT(S)/CLAIMANT AND RESPONDENT NO.2 IN LAR:

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1. V.RAJASEKHARAN NAIR, MASS NIVAS, MUTHADA MURI, VATTIYORKAVU VILLAGE, THIRUVANANTHAPURAM PIN-695013.

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2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM

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R1 BY ADV. SRI.LAL GEORGE

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LSN

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HARUN-UL-RASHID & ALEXANDER THOMAS, JJ.

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L.A.A No. 948 OF 2010

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Dated this the 24^th day of March, 2014

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J U D G M E N T

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Harun-Ul-Rashid,J.

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State of Kerala is the appellant in judgment and

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decree dated 14.11.2008 in LAR No. 99/2008 on the files of the Additional Subordinate Court-II, Thiruvananthapuram. An

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extent of 0.40 Ares of land belonged to the respondent/claimant was acquired for widening of VanrossOottukuzhy-Secretariat Road. The notification under Section 4 (1) of the Land Acquisition Act was last published on 12.04.2005. The land was taken possession on 31.05.2007 and the Land Acquisition Officer fixed the land value at the rate of Rs.2,73,243/- per Are. The reference court enhanced the land value and re-fixed the same at Rs.28,00,000/- per Are. Adjoining land acquired the very same purpose, which is the subject matter in LAR 1617/10 and 366/10. In those cases also, the reference court awarded the same land value. In the appeal preferred by the State of Kerala, this Court modified the decree and judgment and re-fixed the land value at Rs.17,00,000/- per Are.

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L.A.A No. 948 OF 2010

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Following the above said judgment, we allow the appeal and re-fixed the market value of the land under acquisition as Rs.22,00,000/- per Are. The appeal is allowed.

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The claimant is entitled to do all statutory benefits for the refixed compensation. No order as to costs.

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Sd/- HARUN-UL-RASHID, Judge.

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Sd/-ALEXANDER THOMAS,

Judge.

True Copy

P.A to Judge

lsn

State of Kerala v. v.Rajasekharan Nair and Another

Case brief

What is this about?

What did the court decide?

State of Kerala v. v.Rajasekharan Nair and Another

Case brief

What is this about?

What did the court decide?

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