Allowed

Sathyavathy, v. State of Kerala

Kerala HC26 Jun 2019LA.App./35/2019

Case brief

AI extract

What is this about?

This judgment allowed an appeal challenging the compensation award in a land acquisition reference. The High Court enhanced the land value to Rs.30,18,300/- per Acre, aligning it with consistent precedents, while dismissing the State's cross-objection. The court also condoned the delay in filing the appeal for interest computation.

What did the court decide?

Appeal allowed; land value refixed at Rs.30,18,300/- per Acre; statutory benefits granted; interest period adjusted; cross objection dismissed.

Sathyavathy, 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 26TH DAY OF JUNE 2019 / 5TH ASHADHA, 1941

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LA.App..No.35 of 2019

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AGAINST THE JUDGMENT AND DECREE IN LAR 608/2010 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM DATED 30-07-2014

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APPELLANT ADDL.2ND/CLAIMANT:

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SATHYAVATHY, D/O. SUDHARMA, T.C NO. 4/2200, , PALVILA VEEDU, KUNNATHODE, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.BASANT BALAJI

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695 001.

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2 THE EXECUTIVE ENGINEER, P.W.D, THIRUVANANTHAPURAM 695 001.

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BY GOVT.PLEADER SRI SYAMJI RAM

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26.06.2019, ALONG WITH CO.136/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No.35 of 2019 & CO.No.136 of 2019 IN LA.App.. 35/2019

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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 26TH DAY OF JUNE 2019 / 5TH ASHADHA, 1941

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CO.No.136 of 2019 IN LA.App.. 35/2019

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AGAINST THE JUDGMENT AND DECREE IN LAR 608/10 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 30.07.2014.

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CROSS OBJECTORS/RESPONDENTS/RESPONDENTS IN LAR:

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1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM

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2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION), PUBLIC OFFICE, THIRUVANANTHAPURAM 695 001.

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BY ADV. GOVERNMENT PLEADER SYAMJI RAM

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RESPONDENT/APPELLANT/CLAIMANT IN LAR:

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SATHYAVATHY D/O. SUDHARMA T.C., NO. 4/2200, PLAVILA VEEDU, KUNNATHODE, ATTIPRA VILLAGE, THIRUVANANTHAPURAM 695 583.

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BY ADV. SRI.BASANT BALAJI

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THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR ADMISSION ON 26.06.2019, ALONG WITH LA.App..35/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No.35 of 2019 & CO.No.136 of 2019 IN LA.App.. 35/2019

C.K. ABDUL REHIM

R. NARAYANA PISHARADI, JJ.

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L.A.A No. 35 of 2019 & Cross.Obj.No. 136 of 2019

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-----------------------------------------------

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Dated this the 26^th day of June, 2019

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JUDGMENT

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Abdul Rehim,J

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An award passed by the reference court (II Additional Sub Court, Thiruvananthapuram) in L.A.R No. 608/2010, dated 30.07.2014 is under challenge in the above appeal filed by the claimant. Property having an extent of 0.72 Ares comprised in Sy.No.524/2008 in Block No.18 of Attipra Village was acquired for widening of the Ulloor-Aakkulam-Kuzhivila N.H Bye-pass Road, through notification published under Section 4(1) on 12.12.2007. The Land Acquisition Officer fixed the land value at Rs.2,20,668/- per Are. The reference court refixed the value at Rs.24,17,100/- per Are, on the basis of the judgment and decree in L.A.R No. 608/2010 dated 30.07.2014. Being dissatisfied with the enhancement awarded, the claimant had filed the above appeal. The State, on the otherhand filed cross objection challenging the judgment contending that the

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LA.App..No.35 of 2019 & CO.No.136 of 2019 IN LA.App.. 35/2019

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enhancement allowed is excessive.

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Learned counsel for the appellant had pointed out that, with respect to another the property acquired for the same purpose through the same notification, this Court in L.A.A No. 35/2018 had enhanced the compensation by refixing land value at the rate of Rs.30,18,300/- per Are. It is also pointed out that the judgment in L.A.A No. 357/2018 was followed in other cases, including L.A.A No. 228/2018. It is also pointed out that the land acquired in this case is similar in nature and is similarly situated as that the property covered in L.A.A No. 357/2018. The above factual aspects are not disputed by the learned Government Pleader appearing for the respondent, who is the cross objector.

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Having considered the above mentioned circumstances, we are inclined to allow the above appeal and to enhance the land value with respect to the acquired property in this case to Rs.30,18,300/per Are.

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Hence, the above appeal is hereby allowed. Compensation awarded by the reference court is refixed and the land value awarded is refixed at Rs.30,18,300/- per Are. The appellant is also entitled to get all the statutory benefits as provided under Section 23(1A), 23(2) and 28 of the Land Acquisition Act, except payment of interest for a

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LA.App..No.35 of 2019 & CO.No.136 of 2019 IN LA.App.. 35/2019

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period of 1512 days, for which delay in filing the appeal is condoned through an order passed by this Court in C.M.A No. 1/2019, dated 20.03.2019.

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Consequently the cross objection filed by the State is hereby dismissed.

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The parties shall bear their respective costs.

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Sd/-C.K. ABDUL REHIM, JUDGE .

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Sd/-R. NARAYANA PISHARADI, JUDGE .

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lsn

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LA.App..No.35 of 2019 & CO.No.136 of 2019 IN LA.App.. 35/2019

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APPENDIX OF LA.App. 35/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE MEDICAL CERTIFICATE DTD 01/01/2019 ISSUED BY DR.N VISWANATHAN.

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ANNX.A: COPY OF THE MEDICAL CERTIFICATE DATED 01.01.2019 ISSUED BY DR.N.VSWANATHAN

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Sathyavathy, v. State of Kerala

Case brief

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What did the court decide?

Sathyavathy, v. State of Kerala

Case brief

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