Dismissed

State of Kerala v. Geetha Vijayan

Kerala HC20 Jun 2019LA.App./768/2014

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the State's land acquisition appeal against a reference court order enhancing compensation for land and structures. The court corrected the appellant's misconception of the enhanced land value and upheld the 30% additional compensation for structures.

What did the court decide?

The land acquisition appeal is dismissed; all interlocutory applications are closed.

State of Kerala Vs Geetha Vijayan — 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.768 of 2014

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AGAINST THE DECREE AND JUDGMENT IN LAR 65/2010 of ADDITIONAL SUB COURT,NORTH PARAVUR DATED 13-12-2013

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APPLICANT/APPELLANT/RESPONDENT:

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STATE OF KERALA

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BY ADV.

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SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER

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RESPONDENTS/RESPONDENT/CLAIMANT AND 2ND RESPONDENT:

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1 GEETHA VIJAYAN

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W/O. VIJAYAN, ARACKAMOOTHATTU, NAYATHODE, ANGAMALY683572.

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2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682011.

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BY ADVS. SRI.DINESH R.SHENOY FOR R1 SRI.SANIL JOSE SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2

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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.768 of 2014

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L.A.A No.768 of 2014

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J U D G M E N T

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This appeal by the State is directed against the decree and judgment in L.A.R No.65 of 2010 on the files of the Additional Sub Court, North Paravur.

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4.59 Ares of land held by the claimant in the proceedings was acquired for the construction of Angamaly-Sabarimala railway line, pursuant to a notification issued under the Land Acquisition Act, 1894 (the Act) on 14.11.2006. The Land Acquisition Officer fixed the land value for the acquired land at the rate of Rs.2,17,706/- per Are. There were a few structures in the land and the Land Acquisition Officer fixed Rs.5,39,321/- towards compensation for the structures. Dissatisfied with the compensation granted by the Land Acquisition Officer, the claimant got the matter referred under Section 18 of the Act. In the reference court, the claimant sought enhanced compensation for the land as also for the structures. In order to justify the enhancement sought for the structures, the claimant has taken out an expert valuer and that valuer has submitted Ext.X2 report after assessing the value of the acquired structures. The reference court, having regard to the materials on record, enhanced and re-fixed the land value for the acquired land at Rs.2,54,194/- per Are. The court,

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LA.App..No.768 of 2014

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however, did not accept Ext.X2 report, as the valuer was not examined. Nevertheless, having regard to the fact that the Land Acquisition Officer has not given any compensation for supervisory and contractual charges, the compensation granted for the structures was also enhanced by 30%. It is aggrieved by said decision of the reference court that the State has come up in this appeal.

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Heard the learned Government Pleader.

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It is seen from the Memorandum of Appeal that this

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appeal is instituted on a mistaken assumption that the land value was enhanced by the reference court from Rs.2,17,706/- per Are to Rs.4,71,900/- per Are. As noted above, the reference court has granted enhancement only to the tune of Rs.2,54,194/- per Are. Coming to the enhancement granted in respect of the structures, it is a fact that in large number of cases, this court has granted additional compensation at the rate of 30% for the structures towards supervisory and contractual charges.

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In the said view of the matter, I do not find any merit in the land acquisition appeal and the same is, accordingly, dismissed. All the interlocutory applications in the appeal are closed.

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P.B.SURESH KUMAR

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JUDGE

State of Kerala v. Geetha Vijayan

Case brief

What is this about?

What did the court decide?

State of Kerala v. Geetha Vijayan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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