This land acquisition appeal challenged an enhanced land value of ₹26,40,000 per Are. The Court noted a similar case, L.A.A. No. 351 of 2013, where the value was fixed at ₹28,00,000, and dismissed the appeal as the impugned value was within limits.
Appeal dismissed as no interference is warranted; land value held to be within limits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937
LA.App..No. 843 of 2013 ()
AGAINST THE ORDER/JUDGMENT IN LAR 611/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 26-03-2013
APPELLANT/1ST RESPONDENT IN LAR:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL SR. GOVERNMENT PLEADER R. PADMARAJ
RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR:
1. RAJESH AMBIKA VILASOM, T.G. 5/96, AMBALAMUKKU PEROORKADA, THIRUVANANTHAPURAM-695005.
2. JINI RAJESH W/O.RAJESH, AMBALAMUKKU, PEROORKADA THIRUVANANTHAPURAM-695005.
3. THE SECRETARY
R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1-R2 BY ADV. SRI.J.HARIKUMAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
kp/-
P.R. RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ.
===================================== L.A.A. No. 843 of 2013
Dated this the 10th day of December, 2015
JUDGMENT
RAMACHANDRA MENON,J
This appeal arises from the judgment and decree dated 26.03.2013 in L.A.R.No.611 of 2009 of the II Additional Sub Court, Thiruvananthapuram. Pursuant to Section 4(1) notification dated 11.06.2007, the land value was fixed as ₹5,84,054/- per Are by the Awarding Officer, which in turn was enhanced on reference, as 26,40,000/- pre Are, based on the₹ fixation of land value in L.A.R.No.711 of 2008. This is sought to be challenged stating that the same is exorbitant.
L.A.A.No. 843 of 2013
-2-
land value fixed by the reference court in the instant case is well within limits.
As such, no interference is warranted in this appeal and the
same stands dismissed accordingly.
P.R. RAMACHANDRA MENON,
JUDGE
ANIL K. NARENDRAN, JUDGE
kp/-
2 issues framed by the court
Whether the enhanced land value of ₹26,40,000 per Are fixed by the reference court is exorbitant and warrants interference.
Whether the appeal must be dismissed in light of a similar matter already decided in L.A.A. No. 351 of 2013.
1 provisions across 1 enactments
State of Kerala represented by the District Collector Thiruvananthapuram
Rajesh Ambika Vilasom
Jini Rajesh
The Secretary, Thiruvananthapuram Development Authority
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
