Allowed

Sarasakumari v. State of Kerala

Kerala HC12 Feb 2018LA.App./276/2015

Case brief

AI extract

What is this about?

This appeal challenged the Land Acquisition Officer's award compensation for 4 acres of land at a lower rate than the 6.20 acres for which enhancement was granted. The court held that since the State did not appeal the enhancement for the first portion, the appellant was entitled to the same enhanced compensation per acre for the remaining 4 acres, setting aside the lower assessment.

What did the court decide?

The decree of the trial court is set aside and compensation for the 4 acres is fixed at Rs. 12,355 per Are.

Sarasakumari Vs State of Kerala — Land Acquisition | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939

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LA.App..No. 276 of 2015

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AGAINST THE JUDGMENT IN LAR No.218 of 1998 of PRINCIPAL SUB COURT, KOLLAM DATED 22-11-2014

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APPELLANT/CLAIMANT:

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SARASAKUMARI THEVANATHU VADAKKETHIL, PALLISSERIKKAL MURI, SASTHAMCOTTA VILLAGE

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BY ADV.SMT.ASHA ELIZABETH MATHEW

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RESPONDENT/RESPONDENT:

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STATE OF KERALA

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REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM

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BY GOVERNMENT PLEADER SRI.SYAMJIRAM

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.ABRAHAM MATHEW J.

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L.A.A.No.276 of 2015

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Dated this the 12^th day of February, 2018

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JUDGMENT

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This appeal arises from the decree passed by the Sub Court, Kollam in LAR No.218 of 1998. Pursuant to the notification issued on 16.1.1984 under Section 4(1) Land Acquisition Act the respondent State of Kerala acquired 10.20 Ares of land belonging to the appellant. By his Award the Land Acquisition Officer fixed the value of 6.20 Ares @ Rs.3,792 per Are. For the remaining extent in which there were coconut trees, he awarded Rs.27,056/as compensation. It was based on the income from the coconut trees. The State took possession of the property on 24.3.1986. Aggrieved by the Award the appellant filed an application under Section 18 of the Land Acquisition Act. Thereupon, the reference was made. The trial court enhanced the compensation for 6.20 Ares fixing the land value at Rs.12,355 per Are. For the remaining extent of 4 Ares no enhancement was given, which alone is challenged in this appeal.

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Heard the learned counsel for the appellant and the learned Government Pleader.

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The trial court dealt with the matter as if the reference is an appeal against the finding of the Land Acquisition Officer. It is an original proceedings.

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Out of the 10.20 Ares acquired by the State from the appellant the court gave him enhancement in respect of 6.20 Ares. For the remaining extent of 4 Ares no enhancement was given. The Land Acquisition Officer fixed the compensation for 4 Ares on the basis of the income from the coconut trees

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L.A.A.No.276 of 2015 2

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standing in the 4 Ares. This was absolutely wrong. The court should have fixed the land value of 4 Ares at the same value fixed for the remaining extent of 6.20 Ares. Learned Government Pleader submits that it was not on the basis of any evidence enhancement was given for 6.20 Ares. This does not appear to be correct. It was on the basis of Ext A1 Award in another case the court gave the appellant enhancement of the compensation for 6.20 Ares. The State has not filed appeal against the enhancement made in respect of 6.20 Ares. It follows that the appellant is entitled to get compensation at the same rate for the remaining extent of 4 Ares also.

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In the result, this appeal is allowed. The decree passed by the trial court is set aside. Compensation for 4 Ares also is fixed at Rs.12,355/- per Are. This is in addition to the compensation payable for 6.20 Ares acquired by the State from the appellant. The appellant is entitled to all the statutory benefits.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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/True copy/ P.S.to Judge

Sarasakumari v. State of Kerala

Case brief

What is this about?

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Sarasakumari v. State of Kerala

Case brief

What is this about?

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