Allowed

Ambily v. State of Kerala

Kerala HC6 Mar 2019LA.App./228/2018

Case brief

AI extract

What is this about?

The land acquisition appeal was allowed. The High Court enhanced the compensation by refixing the land value at Rs.30,18,300 per Are, aligning it with rates set in related appeals for the same village and purpose. Interest was denied due to the 1006-day delay.

What did the court decide?

The value of the land acquired is refixed at Rs.30,18,300 per Are. Interest on compensation is denied. No costs.

Ambily Vs State of Kerala — 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 C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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LA.App..No. 228 of 2018

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AGAINST THE JUDGMENT AND DECREE IN LAR 61/2011 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM DATED 30-10-2014

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APPELLANT/CLAIMANT:

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AMBILY D/O. MEENAKSHY, PLAVILA PUTHEN VEEDU, KUNNATHODE, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.

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BY ADVS. BASANT BALAJI SRI.JOSH RAJAN (NALANCHIRA)

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RESPONDENTS/RESPONDENTS:

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

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2 THE EXECUTIVE ENGINEER

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P.W.D., THIRUVANANTHAPURAM - 695001.

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SRI T K SHAJAHAN SR GP FOR R1 AND R2

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

L.A.A.No.228/2018

C.K.ABDUL REHIM

R.NARAYANA PISHARADI, JJ. ************************** L.A.A.No.228 of 2018

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Dated this the 6^th day of March, 2019

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J U D G M E N T

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R.Narayana Pisharadi, J

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An extent of 0.79 Ares of land in Survey No.526/26 of Attipra Village in Thiruvananthapuram Taluk was acquired for the purpose of widening of Ulloor-Aakkulam-Kuzhivila NH Bypass road. Notification under Section 4(1) of the Land Acquisition Act was published on 12.12.2007. The Land Acquisition Officer granted compensation for land by fixing the value of the land at Rs.2,20,668/- per Are. The reference court refixed the value of the land at Rs.24,17,000/- per Are. Dissatisfied with the award passed by the reference court, the claimant has come up in appeal.

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We have heard the learned counsel for the appellant and also the learned Government Pleader.

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Learned counsel for the appellant has brought to our notice the judgment of this Court in L.A.A.No.357/2018.

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L.A.A.No.228/2018

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It is a case which relates to acquisition of land in the same village for the same purpose under the same notification. In that case also, the Land Acquisition Officer had fixed the value of the land at Rs.2,20,668/- per Are and the reference court had refixed the value of the land at Rs.24,17,000/- per Are. As per the judgment dated 17.01.2019 in L.A.A.No.357/2018, this Court enhanced the compensation by refixing the value of the land at Rs.30,18,300/- per Are.

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In the judgment in L.A.A.No.357/2018, this Court has also referred to other appeals relating to acquisition of land in the same village for the same purpose under the same notification in which the value of the land has been fixed by this Court at Rs.30,18,300/- per Are.

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As in the case of L.A.A.No.357/2018 and the other appeals referred to in the judgment in that case, the land acquired in the present case also is situated in the same village and it was acquired for the same purpose and under the same notification. Therefore, we deem it appropriate to enhance the value of the land at the same rate as in the

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other cases, that is, at Rs.30,18,300/- per Are.

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L.A.A.No.228/2018

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Accordingly, the appeal is allowed. The value of the land acquired is refixed at Rs.30,18,300/- (Rupees thirty lakhs eighteen thousand and three hundred only) per Are. The appellant is entitled to get all other statutory benefits. There was a delay of 1006 days in filing the appeal. The appellant is not entitled to get interest on the amount of compensation for the aforesaid period. No costs in the appeal.

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(sd/-)

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C.K.ABDUL REHIM, JUDGE

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(sd/-)

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R.NARAYANA PISHARADI,

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JUDGE jsr

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True Copy

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PS to Judge

Ambily v. State of Kerala

Case brief

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Ambily v. State of Kerala

Case brief

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