Allowed

State of Kerala v. Shylaja

Kerala HC8 Aug 2023LA.App./275/2013

Case brief

AI extract

What is this about?

In an appeal challenging the compensation award for land acquired for an Electronics Technology Park, the Court allowed the appeal after condoning delay. Relying on its own earlier judgment regarding Category 1 lands, the Court set aside the lower court award and refixed the land value at Rs.2,82,000 per Are, restoring the rights of the claimants.

What did the court decide?

Impugned judgment of Sub Court set aside; land value refixed at Rs.2,82,000/- per Are; statutory benefits awarded to respondents.

State of Kerala Vs Shylaja — Land Acquisition | Kerala HC (2023)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 8^TH DAY OF AUGUST 2023 / 17TH SRAVANA, 1945

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LA.APP. NO.275 OF 2013

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AGAINST THE JUDGMENT AND DECREE DATED 26.09.2008 IN LAR NO.126/2006 ON THE FILE OF SUB COURT,THIRUVANANTHAPURAM APPELLANT/RESPONDENT IN L.A.R:

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DEPUTY COLLECTOR LA COLLECTOATE, THIRUVANANTHAPURAM.

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BY ADVS.

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ADVOCATE GENERAL GOVERNMENT PLEADER

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RESPONDENTS/CLAIMANTS IN L.A.R:

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1 SHYLAJA K.P

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W/O.DECEASED RESPONDENT (SASIDHARAN, SAKUNTHALA BHAVAN, THRIKKAKARA P.O.), 682021

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2 AKHIL

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AGED 10 YEARS, S/O.SASIDHARAN, SAKUNTHALA BHAVAN, THRIKKAKARA P.O, 682021

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3 ATHULYA

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AGED 8 YEARS, D/O.SASIDHARAN,SAKUNTHALA BHAVAN, THRIKKAKARA P.O, 682021

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BY ADV.

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SMT.M.HEMALATHA-R1 TO R3

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

L.A.A No.275 of 2013

J U D G M E N T

P.G.Ajithkumar, J.

This is an appeal filed under Section 54 of the Land Acquisition Act, 1894. The appellant-State challenges the judgment dated 26.09.2008 of the Sub Court, Thiruvananthapuram in LAR No.126 of 2006.

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There was a delay of 1476 days in filing this appeal. As per the order dated 21.02.2019, in C.M Application No.358 of 2013, delay was condoned and the appeal was admitted.

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Heard the learned Special Government Pleader

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for the appellant and the learned counsel appearing for the respondents- claimants.

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11 Ares of land comprised in Survey No.142/7 of Attipra Village belonging to the 1^st respondent was acquired for the purpose of Electronics Technology Park, Kazhakuttom. Notification under Section 4(1) of the Land Acquisition Act was published on 17.12.2003. The Land

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L.A.A No.275 of 2013

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Acquisition Officer included the said property in category 1 and awarded compensation by fixing the land value at the rate of Rs.1,30,500/- per Are. The respondents protested and in the reference, the II Addl. Sub Judge, Thiruvananthapuram refixed the value of the land at the rate of Rs.4,00,000/- per Are. The appellant would assail

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the judgment of the reference court on the ground that Exts.A1, A2 and A3, based on which the reference court refixed the land value, were set aside by this Court. The learned Special Government Pleader would submit that as per the judgment dated 12.03.2012 in L.A Appeal No.468 and 504 of 2011, this Court had refixed the land value for the properties included in category 1, namely dry lands having direct frontage of the National Highway bypass from Kazhakuttom to Kovalam as Rs.2,82,000/- per Are and therefore the impugned judgment requires interference.

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The property involved in this appeal was acquired under the same notification which is dated 17.12.2003. The

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L.A.A No.275 of 2013

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property involved in this case and in L.A.A No.468 of 2011 were included by the Land Acquisition Officer in category No.1. From the impugned judgment, it is seen that the basis for awarding land value at the rate of Rs.4,00,000/per Are is the findings in Exts.A1, A2, and A3 judgments which were rendered by the II Addl. Sub Judge, Thiruvananthapuram. Exts.A1, A2 and A3 judgments were later set aside by this Court. As per the judgment in L.A Appeal No.468 of 2011, land value for the property included in category No.1, acquired pursuant to Section 4(1) notification dated 17.12.2003, was fixed by this Court as Rs.2,82,000/- per Are.

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In the light of the said judgment of this Court, land value of the property involved in this case is also liable to be refixed at the same rate. Accordingly, this appeal is allowed and on setting aside the judgment of the Sub Court, Thirvuvananthapuram, land value of the property involved in LAR No.126 of 2006, is refixed as Rs.2,82,000/-

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L.A.A No.275 of 2013

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per Are. Respondents are entitled to get all statutory benefits admissible under the provisions of the Land

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Acquisition Act, 1894. Parties have to bear their costs.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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State of Kerala v. Shylaja

Case brief

What is this about?

What did the court decide?

State of Kerala v. Shylaja

Case brief

What is this about?

What did the court decide?

What the court decided

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