Devaki Amma and Others Vs. State of Kerala and Another

Devaki Amma and Others vs State of Kerala and Another

Type Court Judgment Court Kerala Decided Jul 25, 2013

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Citation: sooperkanoon.com/1015895
Court: Kerala High Court
Judge: Honourable Mr.Justice S.Siri Jagan
Decided On: Jul 25, 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

Devaki Amma and Others

Respondent

State of Kerala and Another

Excerpt

.....by government pleader smt. p.a. raziya this land acquisition appeal having come up for admission on 25-07-2013, the court on the same day delivered the following: s. siri jagan & k. ramakrishnan, jj.=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= l.a.a. no. 1807 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= dated this, the 25th day of july, 2013. judgmentsiri jagan, j.the claimants in l.a.r.no. 123/1999 before the 2nd additional sub court, thiruvananthapuram, are the appellants herein. properties belonging to them were acquired as per a notification dated 29.7.1998 issued under section 4(1) of the land acquisition act. the land acquisition officer fixed land value at rs. 1,56,214/- per are. on reference, the sub court re- fixed the land value at rs. 2,03,077/- per are. it is submitted by both the claimants as well as the learned government pleader that in l.a.a. no. 177/2008 against l.a.r.no. 37/2000 of the same court, this court has re-fixed the land value for comparable land as rs. 2,85,000/- per are. in the above circumstances, following the judgment in l.a.a. no. 177/2008, we re-fix the land value in this case also as rs. 2,85,000/- per are. needles to say, the appellants would be entitled to statutory benefits on that land value. however, we make it clear that the appellants will not be entitled to statutory interest for 832 days on the additional land value as per the order dated 27.6.2013 in c.m.appl. no. 2205/2007 by which the delay in filing the appeal of 832 days was condoned on that condition. sd/- s. siri jagan, judge. sd/- k. ramakrishnan, judge. tds/ [true copy] p.s to judge.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 25TH DAY OF JULY 2013 3RD SRAVANA, 1935 LA.App..No. 1807 of 2007 (B) ----------------------------- AGAINST THE JUDGMENT IN LAR 123/1999 of II ADDL.SUB COURT,TRIVANDRUM DATED 31 05-2005 APPELLANT(S)/CLAIMANTS & ADDL.5TH CLAIMANT: ---------------------------------------------- 1. B. DEVAKI AMMA, D/O BHAGAVATHY AMMA, T.C.20/1948, 'SARATH', KARAMANA THIRUVANANTHAPURAM. (DIED).

2. SARADA AMMA, D/O BHAGAVATHY AMMA, T.C.20/1948, 'SARATH', KARAMANA THIRUVANANTHAPURAM.

3. JAYASREE, D/O SARADA AMMA, T.C.20/1948, 'SARATH', KARAMANA THIRUVANANTHAPURAM.

4. R, PADMANABHAN NAIR, S/O.RAMADEVAN NAIR, T.C.20/1948, 'SARATH', KARAMANA THIRUVANANTHAPURAM.

5. B.VENUGOPALAN NAIR, S/O.BALAKRISHNAN NAIR, T.C.20/1624, 'SARATH' SASTHRI NAGAR, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S)/RESPONDENTS: --------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE THIRUVANANTHAPURAM.

2. EXECUTIVE ENGINEER, P.W.D. THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. P.A. RAZIYA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan & K. Ramakrishnan, JJ.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= L.A.A. No. 1807 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of July, 2013. JUDGMENT

Siri Jagan, J.

The claimants in L.A.R.No. 123/1999 before the 2nd Additional Sub Court, Thiruvananthapuram, are the appellants herein. Properties belonging to them were acquired as per a notification dated 29.7.1998 issued under Section 4(1) of the Land Acquisition Act. The Land Acquisition Officer fixed land value at Rs. 1,56,214/- per are. On reference, the Sub Court re- fixed the land value at Rs. 2,03,077/- per are. It is submitted by both the claimants as well as the learned Government Pleader that in L.A.A. No. 177/2008 against L.A.R.No. 37/2000 of the same court, this Court has re-fixed the land value for comparable land as Rs. 2,85,000/- per are. In the above circumstances, following the judgment in L.A.A. No. 177/2008, we re-fix the land value in this case also as Rs. 2,85,000/- per are. Needles to say, the appellants would be entitled to statutory benefits on that land value. However, we make it clear that the appellants will not be entitled to statutory interest for 832 days on the additional land value as per the order dated 27.6.2013 in C.M.Appl. No. 2205/2007 by which the delay in filing the appeal of 832 days was condoned on that condition. Sd/- S. Siri Jagan, Judge. Sd/- K. Ramakrishnan, Judge. Tds/ [True copy] P.S to Judge.

Same Court & Year Kerala · 2013 Same Parties Devaki Amma and Others vs State of Kerala and Another Same Subject Land Acquisition Same Judge Honourable Mr.Justice S.Siri Jagan