Allowed

Sheela v. State of Kerala

Kerala HC9 Oct 2018LA.App./364/2017

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the compensation award for land acquired under the Land Acquisition Act, 1894. The Court redetermined the land value per Acre applying a ratio and granted statutory benefits, excluding interest for filing delay.

What did the court decide?

Land value redetermined at Rs. 29,36,907/- per Are; compensation granted; statutory benefits under Section 28 awarded.

Sheela 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 A.HARIPRASAD

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TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

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LA.App..No. 364 of 2017

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AGAINST THE JUDGMENT AND DECREE DATED 28-02-2015 IN LAR NO. 228/2011 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM

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APPELLANT/CLAIMANT:

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SHEELA

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AGED 54 YEARS, D/O.SULOCHANA, MADAN NADA VEEDU, KUZHIVILA, KOLLUMURI, ATTIPRA VILLAGE.

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BY ADV. SRI.LAL GEORGE

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE EXECUTIVE ENGINEER PWD SECTION, THIRUVANANTHAPURAM, PIN-695 001.

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BY SENIOR GOVERNMENT PLEADER SRI.B.R.MURALEEDHARAN

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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L.A.Appeal No.364 of 2017

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JUDGMENT

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Claimant in L.A.R.No.228 of 2011 on the file of the II Additional Sub Court, Thiruvananthapuram, dissatisfied with the compensation awarded for acquiring her land under the provisions of the Land Acquisition Act, 1894 (in short, 'Act'), has preferred this appeal.

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

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An extent of 0.80 Ares of land in survey No.529/13, Block 18 of Attipra Village in Thiruvananthapuram Taluk was acquired by a notification under Section 4(1) of the Act on 12.12.2007. An award was passed on 20.07.2010. 2,87,650.94 was determined as the just compensation per Are. Possession of the land was taken on 30.08.2010. Dissatisfied with the compensation, a reference was made under Section 18 of the Act to the Sub Court. After considering the materials placed, the court below refixed the land value at the rate of 24,17,100/- per Are. On that basis enhancement has been granted to the appellant.

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Learned counsel for the appellant relied on the judgments in L.A.Appeal No.43 of 2016 dated 25.01.2016 and in L.A.Appeal No.500 of 2013 dated 12.08.2015. These judgments related to the properties acquired under the same notification.

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Learned Government Pleader relying on a division bench judgment of this Court in LA.Appeal No.7 of 2016 dated 18.01.2016 contended that a ratio has been arrived at by this Court by considering

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L.A.Appeal No.364 of 2017

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land value determined by the Collector and the land value enhanced by the court. Applying the same ratio the fixation of land value possible in this case is `29,36,907/- per Are.

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In the result, the appeal is allowed. The land value is redetermined at `29,36,907/- per Are. The appellant is entitled to get compensation for 0.80 Ares at the above rate. The appellant is also entitled to get the statutory benefits under Section 28 of the Act. However, it is made clear that interest will not be allowed for 615 days of

filing delay.

A.HARIPRASAD

JUDGE

cks

Sheela v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheela v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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