State of Kerala vs Sudhakaran,

Type Court Judgment Court Kerala Decided Mar 10, 2025

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Citation: sooperkanoon.com/1280500
Court: Kerala High Court
Judge: Honourable Mr. Justice Syam Kumar V.M.
Decided On: Mar 10, 2025
Case Number: CO/144/2019
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

State of Kerala

Respondent

Sudhakaran,

Excerpt

.....& 53. the state has filed a cross-objection, inter alia, contendingthat the reference court refixed the land value without any proper and reliable basis and that the enhancement granted is on the higher side. the cross objection thus seeks the judgment and decree to be set aside.4. heard sri.r.s.kalkura, advocate for the appellants and smt.rekha c.nair, government pleader for the respondents.5. it is brought to my notice that this court had in l.a.a.no.351of 2017 rendered a judgment dated 22.11.2024 with respect to the very same acquisition under the same section 4 (1) notification and had fixed the land value at rs.30,18,413/- per are. it is submitted by the learned counsel for the appellants that the very same land value ought to be fixed for the lands acquired from the appellants too since the properties are situated in the very same village and had been acquired for the same purpose under the very same notification.6. i have perused a copy of the judgment in l.a.a.no.351 of 2017 dated 22.11.2024. i find that lands acquired from the claimants are situated in the very same village and had been la.app.no.291/2018 & 6acquired for the same purpose under the very same notification. the claimants are hence entitled to the very same land value as re-fixed by this court in the said l.a.a. accordingly, this l.a.a. is disposed of holding that the claimants shall be entitled to a land value of rs.30,18,413/- per are commensurate to the land acquired from them. they shall also be entitled to all statutory benefits in accordance with law. however, they shall not be entitled to interest for the period of 1021 days which is the delay that had occasioned in filing the appeal. following the dictum as laid down by the hon’ble supreme court in amanullah khan v. state of haryana and another (2022) scc online sc 1184, the claimants will not be entitled to any statutory benefits on the enhanced amount of compensation either for the said period of delay.in.....

Full Judgment

LA.APP.NO.291/2018 & 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 LA.APP.NO.291 OF 2018 ARISING OUT OF THE JUDGMENT DATED 29.06.2015 IN LAR NO.26 OF 2013 OF II ADDITIONAL SUBORDINATE JUDGE'S COURT, APPELLANTS/CLAIMANTS: 1 SUDHAKARAN, CHERUVAKKAL VILLAGE, SREEKARYAM P.O., 2 AJITHA, CHERUVAKKAL VILLAGE, SREEKARYAM P.O. BY ADVS. R.S.KALKURA M.S.KALESH HARISH GOPINATH R.BINDU P.ANJANA RESPONDENTS/RESPONDENTS: 1 DISTRICT COLLECTOR, COLLECTORATE, KODAPANAKUNNU, THIRUVANANTHAPURAM - 695 043. 2 THE EXECUTIVE ENGINEER, PWD (ROADS),PUBLIC OFFICE THIRUVANANTHAPURAM-695 033. LA.APP.NO.291/2018 & 2 BY ADV. SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER, R1 & R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.03.2025, ALONG WITH CO.144/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP.NO.291/2018 & 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 CO NO. 144 OF 2019 ARISING OUT OF THE JUDGMENT DATED 29.06.2015 IN LAR NO.26 OF 2013 OF IIND ADDITIONAL SUBORDINATE JUDGE'S COURT, CROSS OBJECTORS/RESPONDENTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION), PUBLIC OFFICE, THIRUVANANTHAPURAM-695033. BY ADV. SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER RESPONDENTS/APPELLANTS/CLAIMANTS IN LAR: 1 SUDHAKARAN, CHERUVAKKAL VILLAGE, SREEKARYAM.P.O., 2 AJITHA, AJITHA BHAVAN, MANALKKUNNU, CHERUVAKKAL MURI, CHERUVAKKAL VILLAGE BY ADV R.S.KALKURA, R1 & R2 THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 10.03.2025, ALONG WITH LA.App..291/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP.NO.291/2018 & 4

COMMON JUDGMENT

Dated this the 10th day of March, 2025 This appeal is filed by the appellants/claimants challenging the

judgment dated 29.06.2015 in L.A.R.No.26 of 2013 of the 2 nd

Additional Subordinate Judge's Court, Thiruvananthapuram.

2. An extent of 1.25 Ares of land comprised in Sy.No.168/7

(LA Re.Sy.No.168/38) situated in Cheruvaikkal Village of Thiruvananthapuram Taluk belonging to the claimants, was acquired for widening the Ulloor - Aakulam - Kuzhivila road. Section 4(1) notification was published on 12.12.2007. The Land Acquisition Officer (LAO) passed the award on 09.03.2011 fixing the land value at Rs.2,26,792/- per Are. The land was taken possession of on 10.06.2011. In the reference that followed at the instance of the claimants, the reference court enhanced the land value to Rs.24,17,100/- per Are. This appeal is filed by the claimants contending that this Court had in appeals arising from similar acquisitions regarding property falling in the same category as acquired land, fixed land value at the rate of Rs.32,90,000/- per Are.

LA.APP.NO.291/2018 & 5

3. The State has filed a cross-objection, inter alia, contending

that the reference court refixed the land value without any proper and reliable basis and that the enhancement granted is on the higher side. The cross objection thus seeks the judgment and decree to be set aside.

4. Heard Sri.R.S.Kalkura, Advocate for the appellants and Smt.Rekha C.Nair, Government Pleader for the respondents.

5. It is brought to my notice that this Court had in L.A.A.No.351

of 2017 rendered a judgment dated 22.11.2024 with respect to the very same acquisition under the same Section 4 (1) notification and had fixed the land value at Rs.30,18,413/- per Are. It is submitted by the learned counsel for the appellants that the very same land value ought to be fixed for the lands acquired from the appellants too since the properties are situated in the very same village and had been acquired for the same purpose under the very same notification.

6. I have perused a copy of the judgment in L.A.A.No.351 of 2017 dated 22.11.2024. I find that lands acquired from the claimants are situated in the very same village and had been LA.APP.NO.291/2018 & 6

acquired for the same purpose under the very same notification. The claimants are hence entitled to the very same land value as re-fixed by this Court in the said L.A.A. Accordingly, this L.A.A. is disposed of holding that the claimants shall be entitled to a land value of Rs.30,18,413/- per Are commensurate to the land acquired from them. They shall also be entitled to all statutory benefits in accordance with law. However, they shall not be entitled to interest for the period of 1021 days which is the delay that had occasioned in filing the appeal. Following the dictum as laid down by the Hon’ble Supreme Court in Amanullah Khan v. State of Haryana and another (2022) SCC OnLine SC 1184, the claimants will not be entitled to any statutory benefits on the enhanced amount of compensation either for the said period of delay.

In view of the above, nothing survives in the Cross Objection and the same is closed. Sd/- SYAM KUMAR V.M. JUDGE csl

Same Court & Year Kerala · 2025 Same Parties State of Kerala vs Sudhakaran, Same Subject Land Acquisition Same Judge Honourable Mr. Justice Syam Kumar V.M.