Allowed

Suresh Kumar, v. State of Kerala

Kerala HC1 Apr 2019LA.App./49/2019

Case brief

AI extract

What is this about?

The Court held that the land value fixed by the Land Acquisition Officer at Rs.4,200 per Are must be enhanced by 100% to Rs.8,400 per Are, relying on a Division Bench judgment enhancing another category's value by the same proportion.

What did the court decide?

The land acquisition appeal is allowed and the land value is fixed at Rs.8,400/- per Are. No interest is granted for the period of delay in filing the appeal.

Suresh Kumar, 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 P.B.SURESH KUMAR

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MONDAY, THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941

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LA.App..No. 49 of 2019

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AGAINST THE JUDGMENT AND DECREE DATED 17-03-2006 IN LAR 22/2004 of SUB COURT, PATHANAMTHITTA

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APPELLANTS/CLAIMANTS:

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SURESH KUMAR, MOHANA VILASOM, MANGADU MURI, ENADIMANAGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.K.SHAJ

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645.

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2 THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM-695 001.

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BY ADVS. GOVERNMENT PLEADER FOR R1 SMT.LATHA ANAND FOR R2

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OTHER PRESENT:

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SRI .B.R.MURALEEDHARAN SR GP

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 01.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No. 49 of 2019

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JUDGMENT

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The claimants in a reference under Section 16 of the Land Acquisition Act, 1894 ('the Act') are the appellants in this appeal.

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An item of land held by the claimants, measuring 71 Ares was acquired for KINFRA by the State, pursuant to a notification issued under Section 4(1) of the Act on 19.12.2003. The Land Acquisition Officer categorized various lands and the land held by the claimants was one included in category 3. The land value fixed for the lands in category 3 by Land Acquisition Officer was Rs.4,200/- per Are. The same was enhanced by the reference court to Rs.6,720/- per Are. It is aggrieved by the inadequacy of the enhancement granted by the reference court that the claimants have come up in this appeal.

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Heard the learned counsel for the appellants, the learned Government Pleader as also the learned Standing Counsel for the second respondent.

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When this matter was taken up, it is brought to the notice of this court that the Division Bench has enhanced the land value of one of the lands included in category 2 from Rs.4,400/- per Are to 8,800/- per Are. The judgment rendered by this Court in LAA No.972 of 2007 indicates that this court has enhanced the land value by 100%. In the light of the said judgment, the claimants are also entitled to proportionate enhancement. As the land value fixed in the

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LA.App..No. 49 of 2019

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instant case by the Land Acquisition Officer is Rs.4,200/- per Are, the same is liable to be enhanced to Rs.8,400/- per Are.

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In the result, the land acquisition appeal is allowed and the land value of the property is fixed at Rs.8,400/- per Are. It is, however, made clear that the claimants are not entitled to interest for the enhanced compensation for the period of 4082 days delay in filing the appeal, as ordered by this Court in C.M.Application No.1 of 2019 dated 20.03.2019.

Sd/-

P.B.SURESH KUMAR

SKS

JUDGE

Suresh Kumar, v. State of Kerala

Case brief

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Suresh Kumar, v. State of Kerala

Case brief

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