Dismissed

State of Kerala v. Rajamma

Kerala HC21 Jun 2016LA.App./651/2013

Case brief

AI extract

What is this about?

This land acquisition appeal challenged the reference court's re-fixation of land value at ₹9,16,000 per Are citing a fixed monetary benchmark in related land acquisition appeals leading to the dismissal of the state's appeal affirming the higher valuation. and confirming the reference court judgment.

What did the court decide?

Appeal by the State dismissed; judgment and decree of the reference court confirming the re-fixed land value affirmed.

State of Kerala Vs Rajamma — Land Acquisition | Kerala HC (2016)

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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 P.R.RAMACHANDRA MENON &

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938 LA.App..No. 651 of 2013 (C)

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---------------------------LAR. NO.581/2009 OF II ADDL. SUB COURT, THIRUVANANTHAPURAM.

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APPELLANTS/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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2. THE EXECUTIVE ENGINEER,

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PWD ROAD DIVISION, THIRUVANANTHAPURAM.

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BY SR. GOVT. PLEADER SRI.R. PADMARAJ.

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RESPONDENTS/CLAIMANTS:

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1. RAJAMMA, KOTTAMUKKALIL VEEDU, NALANCHIRA P.O., THIRUVANANTHAPURAM-695 015.

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2. SUBHASH, KOTTAMUKKALIL VEEDU, NALANCHIRA P.O., THIRUVANANTHAPURAM-695 015.

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3. SURESH, KOTTAMUKKALIL VEEDU, NALANCHIRA P.O., THIRUVANANTHAPURAM-695 015.

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4. SREEKALA, KOTTAMUKKALIL VEEDU, NALANCHIRA P.O., THIRUVANANTHAPURAM-695 015.

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BY ADV. SRI.LAL GEORGE.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2016, THE COURT ON 21/06/2016 DELIVERED THE FOLLOWING:

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rs.

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P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.

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

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L.A.A.No.651 of 2013

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DATED THIS THE 21^st DAY OF JUNE, 2016

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JUDGMENT

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ANIL K.NARENDRAN, J .

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This appeal filed by the State arises out of the judgment and decree of the reference court in L.A.R.No.581/2009. An extent of 0.9 Ares of land in Re-survey No.420/21 of Kudappanakunnu Village in Thiruvananthapuram Taluk owned by the claimant was acquired pursuant to Section 4(1) notification dated 31.1.2005 for the purpose of widening of Mannanthala-Kesavadasapuram Road. The Land Acquisition Officer awarded land value at the rate of ₹2,45,369/- per Are. On a reference made under Section 18 of the Land Acquisition Act, 1894 the reference court by the judgment and decree dated 13.9.2012 in L.A.R.No.581/2009 re-fixed the land value at 9,16,000/- per Are, relying on Ext.A7 judgment in₹ L.A.R.No.652/2009. Challenging the judgment and decree of the reference court, to the extent of re-fixing the land value of the acquired land at the rate of 9,16,000/- per Are, the State is in₹ appeal contending that the land value re-fixed by the reference court is on a higher side.

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L.A.A.No.651/13

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-2-

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We heard the arguments of the learned Senior Government Pleader representing the State and also the learned counsel for the claimant.

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The issue that arises for consideration in this appeal is as to the legality of the land value re-fixed by the reference court.

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Section 4(1) notification in the instant case was on 31.1.2005. For the acquired land having an extent of 0.9 Ares, the Land Acquisition Officer fixed land value at the rate of ₹2,45,369/- per Are. The reference court, relying on the judgment in L.A.R.No.652/2009 re-fixed the land value at the rate of 9,16,000/- per Are. ₹

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Re-fixation of land value at the rate of 9,16,000/- per₹ Are for similar lands has attained finality in L.A.A.No.86/2013 in respect of properties covered by Section 4(1) notification dated 31.1.2005. By another judgment dated 21.6.2016 in L.A.A.No.86/2013 and connected cases, we have affirmed the re-fixation of land value so made by the reference court, while re-fixing the land value of the acquired land in

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L.A.A.No.651/13

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-3-

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L.A.A.No.280/2013. In such circumstances, we find absolutely no merit in the contention of the appellant State in this appeal that, the land value fixed by the reference court in L.A.R.No.581/2009 is on a higher side.

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In the result, L.A.A.No.651/2013 filed by the State is dismissed, thereby confirming the judgment and decree of the reference court in L.A.R.No.581/2009.

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Sd/- P.R.RAMACHANDRA MENON , JUDGE

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Sd/- ANIL K.NARENDRAN, JUDGE

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dsn

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True copy

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P.S.to Judge

State of Kerala v. Rajamma

Case brief

What is this about?

What did the court decide?

State of Kerala v. Rajamma

Case brief

What is this about?

What did the court decide?

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