Five land acquisition appeals filed by the State of Kerala challenging the enhancement of land value by the reference court in respect of lands acquired for widening Pettah-Anayara road in Thiruvananthapuram District were dismissed.
The appeals were dismissed and all interlocutory applications were closed.
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 P.B.SURESH KUMAR
TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941
LA.App..No.178 of 2015
AGAINST THE JUDGMENT AND DECREE IN LAR 380/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 28-02-2014
APPELLANTS/RESPONDENTS IN L.A.R:
1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM.
2 THE EXECUTIVE ENGINEER PWD,ROADS DIVISION,THIRUVANANTHAPURAM
BY ADV.
SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER
RESPONDENT/CLAIMANT IN L.A.R: VAMADEVAN,
RAMAN VILAKATHU VEEDU, MOONNAMMANAKKAL,PETTAH,ANAYARA P.O,THRIUVANANTHAPURAM 695 029
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:
LA.App..No.178 of 2015 & conn.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941
LA.App..No.199 of 2015
AGAINST THE JUDGMENT AND DECREE IN LAR 181/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 23.07.2014
APPELLANTS/RESPONDENTS IN L.A.R:
1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001.
2 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695001.
BY ADV.
SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER
RESPONDENT/CLAIMANT IN L.A.R:
GIRIJA
D/O.GOMATHI, PULLIVILAKATHU BUNGLOW, PALKULANGARA MURI, PETTAH, THIRUVANANTHAPURAM-695024.
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:
LA.App..No.178 of 2015 & conn.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941
LA.App..No.471 of 2015
AGAINST THE JUDGMENT AND DECREE IN LAR 182/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 29.09.2014
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2 THE EXECUTIVE ENGINEER PWD, THIRUVANANTHAPURAM.
BY ADV.
SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER
RESPONDENT/CLAIMANT:
R. MOHANAN CHETTIYAR, PLAMOTTU HOUSE, T.C.30/604, PETTAH, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SMT.K.R.RIJA SRI.SUMAN CHAKRAVARTHY
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:
LA.App..No.178 of 2015 & conn.cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941
LA.App..No.650 of 2015
AGAINST THE JUDGMENT AND DECREE IN LAR 341/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 31-03-2015
APPELLANT/1ST RESPONDENT IN LAR:
1 THE STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD DIVISION, THIRUVANANTHAPURAM.
BY ADV.
SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER
RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR:
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.
BY ADVS. SMT.K.R.RIJA SRI.SUMAN CHAKRAVARTHY
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:
LA.App..No.178 of 2015 & conn.cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941
LA.App..No.7 of 2017
AGAINST THE JUDGMENT AND DECREE IN LAR 176/2010 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 20-11-2015
APPELLANT/RESPONDENT IN LAR:
THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY ADVS. GOVERNMENT PLEADER SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER
RESPONDENT/CLAIMANT IN L.A.R:
JAYA ASOKAN, PULIVILAKATHU BUNGALOW, PALKULANGARA MURI, PETTAH, THIRUVANANTHAPURAM PIN - 695 024.
BY ADV. SRI.SHAJIN S.HAMEED
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:
LA.App..No.178 of 2015 & conn.cases
6
L.A.A Nos.178, 199, 471 & 650 of 2015
&
L.A.A. No.7 of 2017
J U D G M E N T
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.
LA.App..No.178 of 2015 & conn.cases
7
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
Mn
1 issue framed by the court
Whether the appeal by the State should be dismissed in light of the judgment in L.A.A No.312 of 2017 and connected cases
1 provisions across 1 enactments
State of Kerala represented by the District Collector
VamaDEVAN
Girija
R. Mohanan Chettiyar
Anilkumar S
Jaya Asokan
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
