Allowed

The State of Kerala v. Sasikumar

Kerala HC20 Jun 2019LA.App./223/2017

Case brief

AI extract

What is this about?

The High Court allowed the land acquisition appeal, setting aside the reference court's decision that enhanced compensation based on a prior Full Bench precedent. The court restored the lower Collector's land value determination under Section 28A(1), holding that the enhanced award exceeded the statutory limit.

What did the court decide?

Impugned judgment set aside; decision of Collector under Section 28A(1) restored; interlocutory applications closed.

The State of Kerala Vs Sasikumar — 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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THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941

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LA.App..No.223 of 2017

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AGAINST THE JUDGMENT AND DECREE DATED 03-06-2016 IN LAR NO.32/2012 of PRINCIPAL SUB COURT,KOLLAM

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APPELLANTS/1ST RESPONDENT IN LAR:

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

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BY SR.GOVERNMENT PLEADER SRI.T.K. SHAJAHAN

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RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR:

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1 SASIKUMAR,

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S/O.AYYAPPAN,NEDIYAVILA KIZHAKKATHIL, CHITTAYAM CHERRY,PANAYAM VILLAGE, KOLLAM-691 601.

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2 AMBILI, W/O.SASIKUMAR,NEDIYAVILA KIZHAKKATHIL, CHITTAYAM CHERRY,PANAYAM VILLAGE, KOLLAM-691 601.

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3 DEPUTY CHIEF ENGINEER(CONSTRUCTIONS), SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695 001. BY ADVS. FOR R3 SRI.DINESH C.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App. No.223/2017

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L.A.A.No.223 of 2017

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J U D G M E N T

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This appeal is directed against the decree and judgment in L.A.R.No.32 of 2012 in the files of the Sub Court, Kollam.

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2 . An extent of land measuring 2.05 Ares held by the claimants in the proceedings was acquired for the purpose of Railways, pursuant to a notification issued under the Land Acquisition Act, 1894 ('the Act') on 07.07.1991. The Land Acquisition Officer fixed the land value for the acquired land at Rs.7,866/- per Are. The claimants accepted the compensation worked out by the Land Acquisition Officer on that basis without objection. Later, in terms of the judgment in L.A.R.No.85 of 1997, for another land acquired for the same purpose pursuant to the same notification for which the Land Acquisition Officer fixed the same land value, the reference court enhanced and re-fixed the land value at Rs.18,525/- per Are. The claimants, in the circumstances, sought re-determination of compensation under Section 28A(1) of the Act. The application preferred by the claimants in this regard was allowed and the land value was re-determined at Rs.18,525/- per Are. Dissatisfied with the said re-determination, the claimants sought reference under Section

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LA.App. No.223/2017

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28A(3) of the Act. When the matter came up before the reference court, the claimants placed reliance on the decision of the reference court in L.A.R.No.82 of 1997, where for another land acquired for the same purpose pursuant to the same notification for which the Land Acquisition Officer fixed the land value at Rs.8,581/- per Are, the reference court enhanced and re-fixed the land value at Rs.24,700/per Are. In the light of the decision of the reference court in LAR No.82 of 1997, the reference court enhanced the land value of the acquired land proportionately and fixed the same at Rs.22,642/- per Are. The State is aggrieved by the said decision of the reference court. Hence this appeal.

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3 . Heard the learned Government Pleader as also the learned counsel for the claimants.

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4 . A Full Bench of this court in Sarada v. Special

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Tahsildar [2016 (2) KLT 120 (F.B)] held in an identical case that the court deciding a reference under Section 28A(3) of the Act cannot award compensation exceeding the amount awarded by the court in the reference case, on the basis of which the application for redetermination of compensation was preferred. In the light of the said decision, the impugned judgment is liable to be set aside.

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In the result, the land acquisition appeal is allowed, the impugned judgment of the reference court is set aside and the

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LA.App. No.223/2017

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decision of the Collector under Section 28A(1) of the Act is restored. All the interlocutory applications in the appeal are closed.

Sd/-

P.B.SURESH KUMAR

JUDGE

The State of Kerala v. Sasikumar

Case brief

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The State of Kerala v. Sasikumar

Case brief

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