Allowed

The State of Kerala v. Nirmala Kumari

Kerala HC10 Jun 2024LA.App./53/2017

Case brief

AI extract

What is this about?

State appeals against Sub Court judgments fixing acquired land value at Rs.12,00,000/- per Are for Kalady-Maruthoorkadavu and Karamana-Thaliyal road widening. Following earlier High Court and Sub Court decisions fixing Rs.7,41,000/- per Are for identical lands, the appeals were allowed with land value refixed accordingly.

What did the court decide?

Land value of acquired properties refixed at Rs.7,41,000/- per Are; respondents entitled to statutory benefits arising from that fixation.

The State of Kerala Vs Nirmala Kumari — Land Acquisition | Kerala HC (2024)

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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 G.GIRISH

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MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

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LA.APP. NO. 33 OF 2017

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AGAINST THE JUDGMENT AND DECREE DATED 24.11.2015 IN LAR
NO.525 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

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APPELLANTS/RESPONDENTS IN L.A.R:

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

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2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.

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BY ADV.SYLAJA.S.L, GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R:

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GOPAKUMAR, S/O.SEKHARAN NAIR,
T.C.50/755(2), THRIKKETTA, KALADY, KARAMANA P.O,
THIRUVANANTHAPURAM-695 002.

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BY ADV SRI.G.SUDHEER

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING
ON 04.06.2024, ALONG WITH LA.App..38/2017, 53/2017 AND
CONNECTED CASES, THE COURT ON 10.06.2024 DELIVERED THE
FOLLOWING:

¶15

¶16

L.A.A.Nos.33/2017, 38/2017 41/2017 and 53/2017

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR. JUSTICE G.GIRISH

¶20

MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

¶21

LA.APP. NO.38OF 2017

¶22

AGAINST THE JUDGMENT AND DECREE DATED 16.11.2015 IN LAR NO.5
OF 2011 OF IIND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

¶23

APPELLANTS/RESPONDENTS IN L.A.R:

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

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2 THE EXECUTIVE ENGINEER

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PWD DIVISION, THIRUVANANTHAPURAM.

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BY ADV.SYLAJA.S.L, GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R:

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R.ANILKUMAR, S/O.RAJASEKHARAN NAIR,
T.C.50/351(1), SREE NANDANAM, KALADY, KARAMANA P.O,
THIRUVANANTHAPURAM-695 002.

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BY ADV SRI.SABU GEORGE

¶31

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING
ON 04.06.2024, ALONG WITH LA.App..33/2017, 53/2017 AND
CONNECTED CASES, THE COURT ON 10.06.2024 DELIVERED THE
FOLLOWING:

¶32

¶33

L.A.A.Nos.33/2017, 38/2017 41/2017 and 53/2017

¶34

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶35

PRESENT

¶36

THE HONOURABLE MR. JUSTICE G.GIRISH

¶37

MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

¶38

LA.APP. NO.53OF 2017

¶39

AGAINST THE JUDGMENT AND DECREE DATED 25.11.2015 IN LAR
NO.599 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

¶40

APPELLANTS/RESPONDENTS IN L.A.R:

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

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2 THE EXECUTIVE ENGINEER

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PWD DIVISION, THIRUVANANTHAPURAM.

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BY ADV.SYLAJA.S.L, GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R:

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NIRMALA KUMARI

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W/O. R. ANIL KUMAR, T.C. 50/351(1), SREENANDANAM,
KALADY, KARAMANA. PIN - 695 002.

¶48

BY ADVS.
SRI.NIDHI BALACHANDRAN
SRI.SABU GEORGE

¶49

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 04.06.2024, ALONG WITH LA.App..33/2017 AND
CONNECTED CASES, THE COURT ON 10.06.2024 DELIVERED THE
FOLLOWING:

¶50

¶51

L.A.A.Nos.33/2017, 38/2017 41/2017 and 53/2017

¶52

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶53

PRESENT

¶54

THE HONOURABLE MR. JUSTICE G.GIRISH

¶55

MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

¶56

LA.APP. NO. 41 OF 2017

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AGAINST THE JUDGMENT AND DECREE DATED 24.11.2015 IN LAR
NO.530 OF 2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

¶58

APPELLANTS/RESPONDENTS IN L.A.R:

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

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2 THE SPECIAL TAHSILDAR (LA) PWD, (SC), THIRUVANANTHAPURAM

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3 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPURAM.

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BY ADV.SYLAJA.S.L, GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT IN L.A.R:

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1 R.SINDHU

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D/O.RADHAKUMARI AMMA, T.C.50/755(1), RADHA NIVAS,
KALADY, KARAMANA P.O., THIRUVANANTHAPURAM-695002

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2 RADHAKUMARI AMMA D/O.RETNAMMA, T.C.50/755(1), RADHA NIVAS, KALADY, KARAMANA P.O., THIRUVANANTHAPURAM-695002

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BY ADV SRI.G.SUDHEER

¶68

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 04.06.2024, ALONG WITH LA.App..33/2017 AND
CONNECTED CASES, THE COURT ON 10.06.2024 DELIVERED THE
FOLLOWING:

¶69

¶70

L.A.A.Nos.33/2017, 38/2017 41/2017 and 53/2017

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G.GIRISH, J.

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

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L.A.A.Nos.33 of 2017, 38 of 2017, 41 of 2017 and 53 of 2017

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

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Dated this the ….. day of ………..,2024

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

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J U D G M E N T

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The State of Kerala has filed all these appeals aggrieved by

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the judgments rendered by the II Additional Sub Court, Thiruvananthapuram refixing the land value of the acquired properties at Rs.12,00,000/- per Are.

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The acquisitions were made for the widening of KaladyMaruthoorkadavu (Reach-I) and Karamana-Thaliyal (Reach-II) road. The notification under Section 4(1) was published on 30.09.2006 in all these cases. The properties acquired come under various survey numbers of Manacaud village in Thiruvananthapuram Taluk.

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When these cases were taken up for hearing, the learned Government Pleader representing the appellant submitted that similar appeals, filed as LA.App.No.145 of 2018 and LA.App.No.159 of 2018, in respect of identical lands acquired

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under the same notification, were disposed of by this Court as per

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L.A.A.Nos.33/2017, 38/2017 41/2017 and 53/2017

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the judgment dated 13.09.2023 fixing the land value as Rs.7,41,000/- per Are. It is also pointed out that the same land value of Rs.7,41,000/- per Are was fixed by the II Additional Sub Court, Thiruvananthapuram in L.A.R.No.451 of 2010 as per the judgment dated 25.10.2021 in respect of identical land acquired under the same notification, and that no appeal has been preferred against the said verdict. The copies of the judgment of this Court in LA.App.No. 145 of 2018 and LA.App.No.159 of 2018, and that of the II Additional Sub Court, Thiruvananthapuram in L.A.R.No.451 of 2010 are placed before me for perusal.

¶86

The learned counsel for the respondents and the learned Government Pleader representing the appellant submitted that the land value fixed at Rs.7,41,000/- per Are in respect of the aforesaid land of Manacaud village in Thiruvananthapuram Taluk in connection with the acquisition made under the 4(1) notification published on 30.09.2006, could be considered as final in view of the decisions of this Court and the II Additional Sub Court, Thiruvananthapuram referred in the aforesaid paragraph.

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Having regard to the aforesaid facts and circumstances

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of the case as revealed from the records and also from the submissions of the learned Government Pleader and the learned

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L.A.A.Nos.33/2017, 38/2017 41/2017 and 53/2017

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counsel for the respondents, I deem it appropriate to dispose of these appeals by fixing the land value of the acquired property at Rs.7,41,000/- per Are.

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In the result, these appeals stand allowed. The land value of the properties acquired is refixed at Rs.7,41,000/(Rupees seven lakhs forty one thousand only) per Are. The respondents will be entitled to all the statutory benefits arising out of the fixation of the land value as above.

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Sd/-

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G.GIRISH, JUDGE

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jsr/

The State of Kerala v. Nirmala Kumari

Case brief

What is this about?

What did the court decide?

The State of Kerala v. Nirmala Kumari

Case brief

What is this about?

What did the court decide?

What the court decided

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