Allowed

M.Anzar v. State of Kerala

Kerala HC19 Feb 2015LA.App./743/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the land acquisition appeal. Holding that properties are similar and enhancing land value in a connected matter, the court re-fixed the land value at Rs. 12,36,000/- per Are with statutory benefits subject to prior delay conditions.

What did the court decide?

Land value re-fixed at Rs. 12,36,000 per Are; statutory benefits granted subject to prior delay conditions.

M.Anzar Vs State of Kerala — Land Acquisition | Kerala HC (2015)

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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 T.R.RAMACHANDRAN NAIR

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& THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936

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LA.App..No. 743 of 2012 ()

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AGAINST THE JUDGMENT IN LAR 230/2007 ON THE FILE OF THE THE II ADDITIONAL SUB COURT,TRIVANDRUM DATED 30-01-2010

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APPELLANT/CLAIMANT:

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M.ANZAR T.C. 36/102(1), AL FALAH HOUSE, ENCHAKKAL VALLAKKADAVU P.O., THIRUVANANTHAPURAM.

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BY ADVS.SRI.L.MOHANAN

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SMT.LIGEY ANTONY

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RESPONDENTS/RESPONDENTS:

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1. STATE OF KERALA REPESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

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2. THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM.

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R2 BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN. R BY GOVERNMENT PLEADER

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AL/-

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T.R.RAMACHANDRAN NAIR &

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P.V.ASHA, JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.. No.743 of 2012

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

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Dated this the 19^th day of February 2015

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JUDGMENT

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Ramachandran Nair, J.,

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This appeal is filed by the claimant in LAR No. 230/2007 on the file of the IInd Additional Sub Court, Thiruvananthapuram. An extent of 3.40 Ares belonging to the appellant was acquired, for the purpose of establishing K.S.R.T.C. Bus Terminal, at Enchackal, Thiruvananthapuram. The notification under Section 4 (1) was published on 31.3.2006. The property was categorised as A and the land value was fixed at Rs. 40,800/- per cent and the award was passed on 10.5.2006. The petitioner claimed land value at the rate of Rs. 10 lakh per cent. The reference court has fixed the land value at the rate of Rs. 70,000/- per cent.

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Heard both sides. Learned counsel for the appellant submitted that, in the connected L.A.A.No. 344/2011, with regard to the very same acquisition, a Division Bench of this Court has re-fixed the land value at the rate of Rs. 12,36,000/- per Are. We have gone through the said judgment. Therein also under Section 4(1) the purpose of the acquisition is also the same. The notification under Section 4(1) is dated 14.1.2005.

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In the light of the fact that various aspects have been considered by this Court by granting enhancement and the

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L.A.A.. No.743 of 2012 2

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properties are similar in nature, we find that the appellant is entitled to succeed in the appeal. The appeal is thus allowed. The land value for the acquired is refixed at Rs. 12,36,000/- per Are and the appellant will also be entitled to all the statutory benefits as granted by the trial court.

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While condoning the delay in C.M.application No. 1044/2012 by order dated 2.7.2013, the Division Bench specified that if ultimately enhanced land value is granted for the period of 784 days delay, the appellant will not be entitled for the statutory benefits. We reiterate the same and the statutory benefits will be given subject to the above.

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The parties will bear their respective costs in the appeal.

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Sd/-

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T.R.RAMACHANDRAN NAIR

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(JUDGE)

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Sd /P.V.ASHA (JUDGE)

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AL/-

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True copy

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P.A to Judge

M.Anzar v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.Anzar v. State of Kerala

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

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