Mary Kunju and 3 Others Vs. State of Kerala

Mary Kunju and 3 Others vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 01, 2013

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https://sooperkanoon.com/case/1011521

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Citation: sooperkanoon.com/1011521
Court: Kerala High Court
Judge: Honourable Mr.Justice K.T.Sankaran
Decided On: Jan 01, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mary Kunju and 3 Others

Respondent

State of Kerala

Excerpt

.....of alangad village in paravoor taluk, belonging to the appellants, was acquired for the purpose of widening nh-17 from varappuzha to cheriappally. notification under section 4(1) of the land acquisition act was published on 23.8.2004. award was passed on 19.9.2006. as per the award, the land acquisition officer fixed the land value at `87,576/- per are, which is equivalent to `35,441/- per cent. dissatisfied with the amount awarded by the land acquisition officer, the appellants filed application under section 18 of the land acquisition act. on reference, the reference court in l.a.r.no.58 of 2007 re-fixed the land value at `56,924/- per cent. the appellants are not satisfied with the amount awarded by the land acquisition court as well. l.a.a. no. 966 of 201.b ::2. ::2. it is submitted by the learned counsel for the appellants that in l.a.a.no.474 of 2009 and connected cases, in respect of an acquisition for the same purpose under the same notification included in category no.3, this court fixed the land value at the rate of `1,62,000/- per are, as per the judgment dated 21.7.2010. it is submitted by the learned counsel that the land involved in the present case was included in category no.3. we have gone through the judgment. in view of the judgment in l.a.a.no.474 of 2009 and connected cases, we are of the view that in the present appeal also the land value is to be re-fixed at `1,62,000/- per are. accordingly, the land acquisition appeal is allowed in part and the land value is re-fixed at `1,62,000/- per are. the appellants would be entitled to all the statutory benefits. the appellants would be entitled to proportionate costs as well. (k.t.sankaran) judge (m.l.joseph francis) judge ahz/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 1ST DAY OF JANUARY 2013 11TH POUSHA 193 LA.App..No. 966 of 2010 (B) LAR.NO.58/2007 OF THE PRINCIPAL SUB COURT, NORTH PARAVOOR APPELLANTS/ADDITIONAL CLAIMANTS 2 TO 5.1. MARY KUNJU, W/O.PAPPACHAN, PUTHENVEETTIL, OLANADU KARA, VARAPUZHA P.O.

2. BOBY PAPPACHAN, S/O.PAPPACHAN PUTHENVEETTIL, OLANADU KARA, VARAPUZHA P.O.

3. SHOBBY PAPPACHAN, S/O.PAPPACHAN PUTHENVEETTIL, OLANADU KARA, VARAPUZHA P.O.

4. RINKU, W/O.BINOY, CHITTILAPPILLY HOUSE CHITTATTUKARA P.O.,PAVARATTY, PIN-680 511 REPRESENTED BY POWER OF ATTORNEY HOLDER BOBBY PAPPACHAN, S/O.PAPPACHAN, PUTHENVEETTIL HOUSE, SAMRIDHI V.I.P.COLONY ROAD, OLANADU, VARAPUZHA P.O., PIN 68.517. BY ADVS.SRI.PRINCE VARGHESE. K. SRI.K.A.SHAJI MATHEW RESPONDENT: STAE OF KERALA, REP.BY DISTRICT COLLECTOR, ERNAKULAM,CIVIL LINES, KAKKANAD, KAKKANAD P.O., KOCHI ”

030. BY GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

---------------------------------------------------- L.A.A. NO. 966 OF 201.B ---------------------------------------------------- Dated this the 1st day of January, 2013 JUDGMENT K.T.Sankaran, J.

An extent of 3.25 Ares of land in Sy.No.2/1-17 of Alangad Village in Paravoor Taluk, belonging to the appellants, was acquired for the purpose of widening NH-17 from Varappuzha to Cheriappally. Notification under Section 4(1) of the Land Acquisition Act was published on 23.8.2004. Award was passed on 19.9.2006. As per the award, the Land Acquisition Officer fixed the land value at `87,576/- per Are, which is equivalent to `35,441/- per cent. Dissatisfied with the amount awarded by the Land Acquisition Officer, the appellants filed application under Section 18 of the Land Acquisition Act. On reference, the Reference Court in L.A.R.No.58 of 2007 re-fixed the land value at `56,924/- per cent. The appellants are not satisfied with the amount awarded by the Land Acquisition Court as well. L.A.A. NO. 966 OF 201.B ::

2. ::

2. It is submitted by the learned counsel for the appellants that in L.A.A.No.474 of 2009 and connected cases, in respect of an acquisition for the same purpose under the same notification included in category No.3, this Court fixed the land value at the rate of `1,62,000/- per Are, as per the judgment dated 21.7.2010. It is submitted by the learned counsel that the land involved in the present case was included in category No.3. We have gone through the judgment. In view of the judgment in L.A.A.No.474 of 2009 and connected cases, we are of the view that in the present appeal also the land value is to be re-fixed at `1,62,000/- per Are. Accordingly, the Land Acquisition Appeal is allowed in part and the land value is re-fixed at `1,62,000/- per Are. The appellants would be entitled to all the statutory benefits. The appellants would be entitled to proportionate costs as well. (K.T.SANKARAN) Judge (M.L.JOSEPH FRANCIS) Judge ahz/

Same Court & Year Kerala · 2013 Same Parties Mary Kunju and 3 Others vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice K.T.Sankaran