State of Kerala vs Sudhakaran

Type Court Judgment Court Kerala Decided Jul 30, 2020

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Citation: sooperkanoon.com/1735828
Court: Kerala High Court
Judge: Honourable Mr.Justice K.Vinod Chandran,Honourable Mr. Justice T.R.Ravi
Decided On: Jul 30, 2020
Case Number: LA.App./15/2019

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Sudhakaran

Excerpt

.....the court on the same day delivered the following: l.a.a.no.15/19 -2-judgmentt.r.ravi, j.an extent of 0.76 ares of land in sy.no.526/24 of attippara village in thiruvananthapuram taluk was acquired for the purpose of widening of ulloor-akkulam-kuzhivila nh byepass road. section4(1) notification was published on 12.12.2007. the land acquisition officer awarded land value at rs.2,20,668/- per are. the reference court, relying on the judgment in l.a.r.no.966 of 2009 of the sub court, thiruvananathapuram, enhanced and re- fixed the land value at rs.24,17,000/- per are. aggrieved by the enhancement, the state has filed this appeal.2. heard senior government pleader sri v.k.shamsudheenon behalf of the appellant and sri basant balaji on behalf of respondents 2 and 3. the notice issued to the 1 st respondent was returned with an endorsement that he is no more. the counsel for respondents 2 and 3 submits that they are the only legal heirs of the deceased. the notice is hence treated as complete.3. counsel for the respondents brought to our notice thejudgment of this court in l.a.a.no.150 of 2018. in the above case,this court was dealing with an appeal filed at the instance of the l.a.a.no.15/19 -3- claimants. in the said case also, properties in the very same village were acquired for the very same purpose and by the very same notification. the land value fixed by the land acquisition officer was rs.2,20,668/- per are and that awarded on reference was rs.24,17,100/- per are. this court in appeal enhanced the land value and re-fixed it at rs.30,18,413/- per are, placing reliance on the judgment in l.a.a.no.7 of 2016 passed by this court regarding properties acquired under the very same notification.4. in the above circumstances, there is no scope for any interference with the land value fixed by the reference court at the instance of the state. the land acquisition appeal is hence dismissed, without anyorder as to costs.k. vinod chandran t.r. ravi dsn

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 LA.App..No.15 OF 2019 AGAINST THE JUDGMENT IN LAR 54/2011 DATED 28-11-2014 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT. BY SENIOR GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN RESPONDENTS/CLAIMANTS IN LAR: 1 SUDHAKARAN ATTIPRA VILLAGE, PIN 695 029. 2 RAJEEV, 3 SAJEEV, R2-3 BY ADV. SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.No.15/19 -2-

JUDGMENT

T.R.RAVI, J.

An extent of 0.76 Ares of land in Sy.No.526/24 of Attippara Village in Thiruvananthapuram Taluk was acquired for the purpose of widening of Ulloor-Akkulam-Kuzhivila NH Byepass Road. Section

4(1) notification was published on 12.12.2007. The Land Acquisition Officer awarded land value at Rs.2,20,668/- per Are. The Reference Court, relying on the judgment in L.A.R.No.966 of 2009 of the Sub Court, Thiruvananathapuram, enhanced and re- fixed the land value at Rs.24,17,000/- per Are. Aggrieved by the enhancement, the State has filed this appeal.

2. Heard Senior Government Pleader Sri V.K.Shamsudheen

on behalf of the appellant and Sri Basant Balaji on behalf of respondents 2 and 3. The notice issued to the 1 st respondent was returned with an endorsement that he is no more. The counsel for respondents 2 and 3 submits that they are the only legal heirs of the deceased. The notice is hence treated as complete.

3. Counsel for the respondents brought to our notice the

judgment of this Court in L.A.A.No.150 of 2018. In the above case,

this Court was dealing with an appeal filed at the instance of the L.A.A.No.15/19 -3- claimants. In the said case also, properties in the very same village were acquired for the very same purpose and by the very same notification. The land value fixed by the Land Acquisition Officer was Rs.2,20,668/- per Are and that awarded on reference was Rs.24,17,100/- per Are. This Court in appeal enhanced the land value and re-fixed it at Rs.30,18,413/- per Are, placing reliance on the judgment in L.A.A.No.7 of 2016 passed by this Court regarding properties acquired under the very same notification.

4. In the above circumstances, there is no scope for any interference with the land value fixed by the reference court at the instance of the State. The Land Acquisition Appeal is hence dismissed, without any

order as to costs.

K. VINOD CHANDRAN T.R. RAVI dsn

Same Court & Year Kerala · 2020 Same Parties State of Kerala vs Sudhakaran Same Judge Honourable Mr.Justice K.Vinod Chandran,Honourable Mr. Justice...