Dismissed

State of Kerala v. Girija

Kerala HC25 Jun 2019LA.App./199/2015

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed land acquisition appeals filed by the State against enhanced compensation values fixed by reference courts for land acquired for road widening. Relying on a prior judgment (L.A.A No.312 of 2017), the Court affirmed the reference court's valuation and held the appeals merited no success.

What did the court decide?

The appeals were dismissed and all interlocutory applications were closed. The enhanced land value of Rs.25,10,394/- per Acre was affirmed.

State of Kerala Vs Girija — Land Acquisition | Kerala HC (2019)

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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.B.SURESH KUMAR

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TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

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LA.App..No.178 of 2015

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AGAINST THE JUDGMENT AND DECREE IN LAR 380/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 28-02-2014

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APPELLANTS/RESPONDENTS IN L.A.R:

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

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2 THE EXECUTIVE ENGINEER PWD,ROADS DIVISION,THIRUVANANTHAPURAM

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BY ADV.

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SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R: VAMADEVAN,

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RAMAN VILAKATHU VEEDU, MOONNAMMANAKKAL,PETTAH,ANAYARA P.O,THRIUVANANTHAPURAM 695 029

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2019, ALONG WITH LA.App..199/2015, LA.App..471/2015, LA.App..650/2015 & LA.App..7/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No.178 of 2015 & conn.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶19

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

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LA.App..No.199 of 2015

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AGAINST THE JUDGMENT AND DECREE IN LAR 181/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 23.07.2014

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APPELLANTS/RESPONDENTS IN L.A.R:

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1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001.

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2 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695001.

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BY ADV.

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SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R:

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GIRIJA

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D/O.GOMATHI, PULLIVILAKATHU BUNGLOW, PALKULANGARA MURI, PETTAH, THIRUVANANTHAPURAM-695024.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2019, ALONG WITH LA.App..178/2015, LA.App..471/2015, LA.App..650/2015 & LA.App..7/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶32

LA.App..No.178 of 2015 & conn.cases

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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.B.SURESH KUMAR

¶37

TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

¶38

LA.App..No.471 of 2015

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AGAINST THE JUDGMENT AND DECREE IN LAR 182/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 29.09.2014

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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 PWD, THIRUVANANTHAPURAM.

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BY ADV.

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SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT:

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R. MOHANAN CHETTIYAR, PLAMOTTU HOUSE, T.C.30/604, PETTAH, THIRUVANANTHAPURAM-695 001.

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BY ADVS.

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SMT.K.R.RIJA SRI.SUMAN CHAKRAVARTHY

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2019, ALONG WITH LA.App..178/2015, LA.App..199/2015, LA.App..650/2015 & LA.App..7/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶50

LA.App..No.178 of 2015 & conn.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶53

PRESENT

¶54

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶55

TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

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LA.App..No.650 of 2015

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AGAINST THE JUDGMENT AND DECREE IN LAR 341/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 31-03-2015

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APPELLANT/1ST RESPONDENT IN LAR:

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

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2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD DIVISION, THIRUVANANTHAPURAM.

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BY ADV.

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SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER

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RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR:

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ANILKUMAR S, ANANTHU NIVAS, TC 30/304(4), MATHUMMUKKU (JN), KALLUMMOODU, ANAYARA P.O, THIRUVANANTHAPURAM (REPRESENTED BY POWER OF ATTORNEY HOLDER HARIKUMAR S., ANANTHU NIVAS, TC.30/304(4) MATHUMMUKKU (JN), KALLUMMOODU, ANAYARA P.O., THIRUVANANTHAPURAM 695 029.

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BY ADVS. SMT.K.R.RIJA SRI.SUMAN CHAKRAVARTHY

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2019, ALONG WITH LA.App..178/2015, LA.App..199/2015, LA.App..471/2015 & LA.App..7/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No.178 of 2015 & conn.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶70

PRESENT

¶71

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

¶73

LA.App..No.7 of 2017

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AGAINST THE JUDGMENT AND DECREE IN LAR 176/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 20-11-2015

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APPELLANT/RESPONDENT IN LAR:

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

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BY ADVS. GOVERNMENT PLEADER SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R:

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JAYA ASOKAN, PULIVILAKATHU BUNGALOW, PALKULANGARA MURI, PETTAH, THIRUVANANTHAPURAM PIN - 695 024.

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BY ADV. SRI.SHAJIN S.HAMEED

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2019, ALONG WITH LA.App..178/2015, LA.App..199/2015, LA.App..471/2015 & LA.App..650/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No.178 of 2015 & conn.cases

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L.A.A Nos.178, 199, 471 & 650 of 2015

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L.A.A. No.7 of 2017

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J U D G M E N T

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These appeals by the State are preferred against the decrees and judgments in a batch of references under Section 18 of the Land Acquisition Act, 1894 (the Act) in respect of the acquisition of land made for widening Pettah - Anayara road in Thiruvananthapuram District, pursuant to a notification issued under the Act on 20.09.2008. The extent of land varies between 0.18 to 0.73 Ares. The Land Acquisition Officer fixed the land value for the acquired lands at Rs.2,45,500/- per Are. On reference, the reference court enhanced and re-fixed the land value at Rs.25,10,394/- per Are. It is aggrieved by the enhancement granted by the reference court that the State has come up in these appeals.

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Heard the learned Government Pleader.

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It is seen that in terms of the judgment in L.A.A No.312 of 201 7 and connected cases, this court has affirmed the fixation of land value made in respect of a few other lands acquired for the same purpose pursuant to the same notification for which the Land Acquisition Officer fixed the land value at Rs.2,45,500/- per Are and the reference court enhanced the same to Rs.25,10,394/- per Are.

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LA.App..No.178 of 2015 & conn.cases

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In the light of the said judgment, these appeals are only to be dismissed and I do so. All the interlocutory applications in the appeals are closed.

Sd/-

P.B.SURESH KUMAR

JUDGE

State of Kerala v. Girija

Case brief

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State of Kerala v. Girija

Case brief

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