State appealed against Subordinate Judge's valuation fixing land compensation at Rs.6,75,000/Are. Court remanded matter for fresh determination citing prior judgment that original valuation lacked legal basis and reasons.
Judgment set aside and matter remanded to Subordinate Judge, Thiruvalla for fresh determination of market value.
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 A.HARIPRASAD
FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940
LA.App..No. 515 of 2015
AGAINST THE JUDGMENT & DECREE DATED 23-03-2015 IN LAR 89/2011 of SUB COURT, THIRUVALLA
APPELLANT/IST RESPONDENT IN LAR
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA - 689 645.
BY ADV.SYAMJI RAM, GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN L.A.R:
1. T.A.HASSAN
NO.1 RAHHMATH HOUSE, THILAK NAGAR HOUSING COLONY, PARATTUKONAM, ULLOOR, THIRUVANANTHAPURAM - 695 011.
2. SOUTHERN RAILWAY, ERNAKULAM REP. BY DEPUTY CHIEF ENGINEER(CONSTRUCTION) 682 011.
R1 BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL R2 BY ADV. SRI.P.SANJAY, SC, RAILWAYS R2 BY ADV. SRI.P.V.SANTHOSH JOSE, SC, RAILWAYS R2 BY ADV. SRI.JOHN MATHEW,SC, RAILWAYS R2 BY SRI.C.S.DIAS,SC, RAILWAYS
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A. HARIPRASAD, J.
------------------------------L.A.A.No.515 of 2015
Dated this the 20th day of July, 2018
JUDGMENT
Heard the learned Government Pleader and the learned counsel appearing for contesting respondent.
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counsel for the appellant submitted that in L.A.A.No.18 of 2015, a Division Bench of this Court, by judgment dated 14.12.2015, remanded the judgment in L.A.R. No.88 of 2011 of the aforementioned court. This L.A.R. was jointly considered by the Reference Court with L.A.R. involved in this appeal. The following observations were made by the Division Bench at the time of remanding the case:
As we have already noticed, in the cases on hand, the Reference Court granted enhanced land value absolutely without any legal basis and no reasons whatsoever have been stated for granting enhanced land value at such an exorbitant rate. In such circumstances, the only course left open to this Court is to set aside the judgments and decrees of the Reference Court, which are under challenge in these appeals filed by the State and remand the matter for fresh consideration for fixing the market value of the land under acquisition for awarding a just and reasonable compensation to the claimants. The Reference Court shall undertake such exercise, keeping in mind the observations contained in this judgment, and after affording both sides an opportunity to adduce additional evidence, if sought for. The Reference Court shall finally dispose of the
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matter, as expeditiously as possible, at any rate within a period of four months from the date of receipt of a certified copy of this judgment. The parties shall appear before the Reference Court on 4.1.2016. The appeals filed by the State are disposed of accordingly.
per order dated 26.2.2016, the observations in the remand judgment that the court below had determined the land value at an exorbitant rate has been reviewed by this Court.
Having regard to the facts and circumstances, and also the fact that connected land acquisition reference arising out of the same notification has been remanded, I hereby set aside the judgment passed by the court below and remand the same for a fresh determination in accordance with the guidelines contained in the judgment in L.A.A.No.18 of 2015 of this Court and also in accordance with the legal principles. Parties shall appear before the court below on 13.8.2018.
SD/- A. HARIPRASAD JUDGE
JV
2 issues framed by the court
Whether the lower court's judgment fixing land value was sustainable after a prior Division Bench ruling remanded connected cases for exorbitant valuation without reasons.
Whether the matter should be remanded for fresh determination of market value in accordance with the guidelines in L.A.A.No.18 of 2015.
Colour shows how this judgement treated each authority
Unspecified Division Bench JudgmentRelied on¶26
L.A.A.No.18 of 2015
1 provisions across 1 enactments
State of Kerala
District Collector, Pathanamthitta
T.A. Hassan
Southern Railway
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A. Hariprasad
Parties & counsel
