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State of Kerala vs Ashokan,

State of Kerala vs Ashokan,

Type Court Judgment Court Kerala Decided Apr 01, 2019
~7 min read
https://sooperkanoon.com/case/1898431

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
LA.App./203/2014

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Ashokan,

Excerpt

.....learned government pleader as also the learned counsel for the claimants.3. when these matters were taken up, the learnedgovernment pleader pointed out that a batch of appeals preferred by the state challenging the awards passed by the reference court in respect of lands acquired for the very same purpose pursuant to the very same notification were disposed of by the division bench in terms of the judgment in laa no. 280 of 2013 and connected cases. copy of the judgment in the said appeal and copy of the order in the review petition filed in the said appeal, were also made available by the learned government pleader for perusal of the court. it is -11- seen that as pointed out by the learned government pleader, the division bench has disposed of a batch of land acquisition appeals in relation to lands acquired for the very same purpose under the same notification, refixing the land value at rs.10,07,600/- per are for the lands included in category 'a', at rs.9,84,700/- per are for the lands included in category 'b', at rs.9,61,800/- per are for the lands included in category 'c' and at rs.9,16,000/- per are for the lands included in category 'd'. in the light the said decision of the division bench, i deem it appropriate to dispose of these land acquisition appeals in tune with the decision of the division bench in laa no.280 of 2013 and connected cases. in the result, the land acquisition appeals are allowed and the land value of the lands involved in laa nos.554 of 2015 and 608 of 2014 is refixed at rs.10,07,600/- per are. similarly, the land value of the lands involved in laa nos.120 of 2014, 321 of 2018, 203 of 2014 and 436 of 2017 is refixed at rs.9,61,800/- per are and the land value of the -12- lands involved in laa nos.589 of 2014 and 254 of 2018 is refixed at rs.9,16,000/- per are. the claimants would be entitled to compensation on that basis. the directions contained the impugned awards in all other respects.....

Full Judgment

LA.App..No. 120 of 2014 AGAINST THE ORDER/JUDGMENT IN LAR 569/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM DATED 30-03-2013 APPELLANTS/RESPONDENTS: 1 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.C.IYPE ADDL. ADVOCATE GENERAL RESPONDENTS/ CLAIMANT: JOHN S/O.A.C.CHACKO, ADAPPANAM, KANDATHIL BELLEN, NALACHIRA P.O., THIRUVANANTHAPURAM. 695 001 SRI.JOSH RAJAN (NALANCHIRA) SRI.SABU S.KALLARAMOOLA

01.04.2019, ALONG WITH LA.App.203/2014,LA.App.254/2018, LA.App.321/2018,LA.App.436/2017,LA.App.554/2015,LA.App.589/ 2014, LA.App.608/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- LA.App..No. 203 of 2014 AGAINST THE ORDER/JUDGMENT IN LAR 657/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM DATED 11-04-2013 APPELLANT/ RESPONDENT: STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL RESPONDENT/ CLAIMANT: ASHOKAN, VALAVIL VEEDU, PULIYOOR GARDENS-689 510. (CORRECTED) ADDRESS OF RESPONDENT IS CORRECTED AS 'AZHAKAN, VALAVILVEEDU, PULIYUR GARDENS, NALANCHIRA, THIRUVANANTHAPURAM -695015 AS PER ORDER DATED 08/11/2018 IN IA 1/18. 01.04.2019, ALONG WITH LA.App..436/2017, LA.App..321/2018, LA.App..554/2015, LA.App..589/2014, LA.App..608/2014, LA.App..254/2018, LA.App..120/2014, THE COURT ON THE SAME

-3- LA.App..No. 254 of 2018 AGAINST THE ORDER/JUDGMENT IN LAR 810/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM DATED 25-06-2013 APPELLANT/ RESPONDENT: STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADV. GOVERNMENT PLEADER RESPONDENT/ CLAIMANT: THOMAS MEGHA VILLA, BENEDICT NAGAR, NALANCHIRA, THIRUVANANTHAPURAM, 695015. SRI.BASANT BALAJI SRI.JOSH RAJAN (NALANCHIRA) 01.04.2019, ALONG WITH LA.App..436/2017, LA.App..321/2018, LA.App..554/2015, LA.App..589/2014, LA.App..203/2014, LA.App..608/2014, LA.App..120/2014, THE COURT ON THE SAME -4- LA.App..No. 321 of 2018 AGAINST THE ORDER/JUDGMENT IN LAR 820/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM APPELLANTS/ RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR 2 THE EXECUTIVE ENGINEER, P.W.D. NH DIVISION, BY ADV. GOVERNMENT PLEADER RESPONDENTS/ CLAIMANT: 1 NANDA KUMAR S/O JAYAKUMARAN NAIR VELAYUDHA VILASAM PATHIYOOR HOUSE THOPPIL NALANCHIRA 2 SHAMBU, S/O JAYAKUMARAN NAIR, VELAYUDHA VILASAM PATHIYOOR HOUSE THOPPIL NALANCHIRA BY ADV. SRI.K.RAVIKUMAR 01.04.2019, ALONG WITH LA.App..436/2017, LA.App..554/2015, LA.App..589/2014, LA.App..203/2014, LA.App..608/2014, LA.App..254/2018, LA.App..120/2014, THE COURT ON THE SAME -5- LA.App..No. 436 of 2017 AGAINST THE ORDER/JUDGMENT IN LAR 812/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM DATED 18-11-2016 APPELLANTS/RESPONDENTS IN L.A.R : 1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PWD, NH DIVISION, THIRUVANANTHAPURAM. BY ADV. GOVERNMENT PLEADER RESPONDENTS/ CLAIMANT & ADDITIONAL CLAIMANT 3 TO 5 IN L.A.R:

1 CHINNAKKUTTY THOTTUMUKKATH, NALANCHIRA, THIRUVANANTHAPURAM.15 2 T.C VARGHESE S/O LATE CHERIYAN, THOTTUMUKKATH, NALANICHIRA PO,THIRUVANANTHAPURAM. 15. 3 T.C JOHN S/O LATE CHERIYAN, THOTTUMUKKATH, NALANICHIRA PO,THIRUVANANTHAPURAM. 15. 4 T.C THOMAS S/O LATE CHERIYAN, THOTTUMUKKATH, NALANICHIRA PO,THIRUVANANTHAPURAM. 15. BY ADV. SRI.BASANT BALAJI

01.04.2019, ALONG WITH LA.App..321/2018, LA.App..554/2015, LA.App..589/2014, LA.App..203/2014, LA.App..608/2014, -6- LA.App..254/2018, LA.App..120/2014, THE COURT ON THE SAME LA.App..No. 554 of 2015 AGAINST THE ORDER/JUDGMENT IN LAR 670/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM DATED 17-11-2014 APPELLANTS/ RESPONDENTS IN L.A.R: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, 2 THE EXECUTIVE ENGINEER PWD NH DIVISION, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL RESPONDENTS/ CLAIMANT IN L.A.R: JAMES YOHANAN VANIYACAUD, TC.111/90, PATTOM PO, BY ADV. SRI.J.HARIKUMAR 01.04.2019, ALONG WITH LA.App..436/2017, LA.App..321/2018, LA.App..589/2014, LA.App..203/2014, LA.App..608/2014, LA.App..254/2018, LA.App..120/2014, THE COURT ON THE SAME

-7- LA.App..No. 589 of 2014 AGAINST THE ORDER/JUDGMENT IN LAR 640/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM DATED 25-06-2013 APPELLANT/ RESPONDENT IN L.A.R: STATE OF KERALA REP. BY THE DISTRICT COLLECTOR SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER RESPONDENT/ CLAIMANT IN L.A.R: P. CHERLAS ANIT COTTAGE, NALANCHIRA. 695 015 BY ADV. SRI.SABU S.KALLARAMOOLA

01.04.2019, ALONG WITH LA.App..436/2017, LA.App..321/2018, LA.App..554/2015, LA.App..203/2014, LA.App..608/2014, LA.App..254/2018, LA.App..120/2014, THE COURT ON THE SAME

-8- LA.App..No. 608 of 2014 AGAINST THE ORDER/JUDGMENT IN LAR 542/2009 of II ADDITIONAL SUB COURT,TRIVANDRUM APPELLANTS/ RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL RESPONDENT/ CLAIMANT: JAMES FRANCIS NEDUMPARAMBIL HOUSE, T.C. 3/1598, PATTOM P.O., THIRUVANANTHAPURAM-695004.

01.04.2019, ALONG WITH LA.App..436/2017, LA.App..321/2018, LA.App..554/2015, LA.App..589/2014, LA.App..203/2014, LA.App..254/2018, LA.App..120/2014, THE COURT ON THE SAME -9- L.A.A. Nos.120/2014, 203/2014,

JUDGMENT

This batch of land acquisition appeals arise from the references under Section 18 of the Land Acquisition Act,1894 ('the Act') in respect of acquisition of lands made for widening of 'Mannanthala-Kesavadasapuram' road. The lands were notified for acquisition under Section 4(1) of the Act on 31.01.2005. The extent of the lands involved varies from 0.12 Ares to 1.20 Ares. The Land Acquisition Officer categorised the notified lands and fixed Rs.2,94,443/- per Are for the lands included in category 'A', Rs.2,69,906/- per Are for the lands included in category 'B', Rs.2,45,369/- per Are for the lands included in category 'C' and Rs.2,26,674/- per Are for the lands included in category 'D'. The reference -10- court enhanced the land value of the lands included in category 'A' to Rs.24,00,000/- per Are, category 'B' to Rs.21,60,000/- per Are, category 'C' to Rs.19,20,000/- per Are and category 'D' to Rs.16,80,000/- per Are and disposed of the references on that basis. The State is aggrieved by the awards passed by the reference court.

2. Heard the learned Government Pleader as also the learned counsel for the claimants.

3. When these matters were taken up, the learned

Government Pleader pointed out that a batch of appeals preferred by the State challenging the awards passed by the reference court in respect of lands acquired for the very same purpose pursuant to the very same notification were disposed of by the Division Bench in terms of the judgment in LAA No. 280 of 2013 and connected cases. Copy of the judgment in the said appeal and copy of the order in the review petition filed in the said appeal, were also made available by the learned Government Pleader for perusal of the court. It is -11- seen that as pointed out by the learned Government Pleader, the Division Bench has disposed of a batch of land acquisition appeals in relation to lands acquired for the very same purpose under the same notification, refixing the land value at Rs.10,07,600/- per Are for the lands included in category 'A', at Rs.9,84,700/- per Are for the lands included in category 'B', at Rs.9,61,800/- per Are for the lands included in category 'C' and at Rs.9,16,000/- per Are for the lands included in category 'D'. In the light the said decision of the Division Bench, I deem it appropriate to dispose of these land acquisition appeals in tune with the decision of the Division Bench in LAA No.280 of 2013 and connected cases. In the result, the land acquisition appeals are allowed and the land value of the lands involved in LAA Nos.554 of 2015 and 608 of 2014 is refixed at Rs.10,07,600/- per Are. Similarly, the land value of the lands involved in LAA Nos.120 of 2014, 321 of 2018, 203 of 2014 and 436 of 2017 is refixed at Rs.9,61,800/- per Are and the land value of the -12- lands involved in LAA Nos.589 of 2014 and 254 of 2018 is refixed at Rs.9,16,000/- per Are. The claimants would be entitled to compensation on that basis. The directions contained the impugned awards in all other respects would stand. SD/- P.B.SURESH KUMAR JUDGE SJ

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Same Court & Year Kerala · 2019 Same Parties State of Kerala vs Ashokan, Same Judge Honourable Mr. Justice P.B.Suresh Kumar

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