State Of Kerala Rep. By The District Collector, Trivandrum v. Mariyamma Varkey
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 L.A.App. No. 561 of 2012 (A) ---------------------------------------- (AGAINST THE JUDGMENT AND DECREE IN L.A.R NO.199/2006 of II ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 25-08-2009) APPELLANT/RESPONDENT NO.1:
--------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER, SRI. R.PADMARAJ RESPONDENTS/CLAIMANTS & RESPONDENT NO.2:
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1. MARIYAMMA VARKEY, T.C.NO.4/335, VARKEY VILLA, AMBALA NAGAR, KOWDIAR.P.O, THIRUVANANTHAPURAM. 695 035.
2. THE CHIEF MANAGER, FEDERAL BANK LTD., PALAYAM, THIRUVANANTHAPURAM. 695 001.
3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. 695 001.
R1 BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G.
SRI.MANU V.
SRI.GOVIND PADMANAABHAN R2 BY ADVS. SRI.GEORGE VARGHESE (MANACHIRACKEL) SMT.LIZA P.CHERIAN R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.T.O.
St/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
------------------------------------------------ L.A.A No.561 of 2012 ------------------------------------------------ Dated this the 4th day of February, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is filed from the judgment and decree in L.A.R No.199/2006 of the II Additional Sub Court, Thiruvananthapuram. An extent of 0.54 Ares of land in Sy. No.2786/A3 of Vanchiyoor Village was acquired for the purpose of widening the LMS - Attakulangara Road for the 2nd Respondent, as per Section 4(1) notification dated 07.08.2004. The Land Acquisition Officer fixed the land value at Rs.4,11,665/- per Are.
2. The Reference Court has granted the enhanced land value at Rs.24,70,000/- per Are.
3. The learned Senior Government Pleader relied upon the judgment in L.A.A No.77/2013 and contended that the land value fixed by the court below at Rs.24,70,000/- is on a higher side. It is further submitted that in L.A.A No.322/2011, wherein also the acquisition was for the same purpose, this
L.A.A No.561 of 2012 Court had re-fixed the land value.
4. In the light of the fact that we have fixed the land value in L.A.A No.77/2013 at Rs.24,00,000/- and since the properties are similar in nature, we take the same yardstick for awarding compensation. Accordingly, we re-fix the land value of the property acquired at Rs.24,00,000/- per Are. The appeal is accordingly allowed. No costs. Sd/- T.R.RAMACHANDRAN NAIR JUDGE Sd/- P.V.ASHA JUDGE //true copy// P.S. To Judge St/-