State Of Kerala, Rep. By The District Collector, Thiruvananthapuram v. Aravind Bhasi
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. 578 of 2012 (D) ---------------------------------------- (AGAINST THE JUDGMENT AND DECREE IN L.A.R NO.636/2008 of II ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 29-07-2011) APPELLANT(S)/IST RESPONDENT:
------------------------------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER, SRI. R.PADMARAJ RESPONDENT(S)/CLAIMANTS & 2ND RESPONDENT:
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1. ARAVIND BHASI, T.C.36/1308(2), PERUMTHANNI, PETTAH VILLAGE, THIRUVANANTHAPURAM. PIN-695 024.
2. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA), THIRUVANANTHAPURAM. 695 001.
R1 BY ADVS. SRI.V.SURESH SRI.G.SUDHEER SMT.M.JAYASREE SMT.N.P.ASHA R2 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.578 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.636/2008 of the II Additional Sub Court, Thiruvananthapuram. An extent of 1.65 Ares of land comprised in Re-Survey No.1118/2 of Vanchiyoor Village was acquired for the purpose of widening the LMS - Attakulangara Road for the 2nd Respondent, by notification under Section 4(1) dated 07.08.2004. The Land Acquisition Officer fixed the land value at Rs.4,11,664.84/- 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 Court re-fixed the land value.
L.A.A. No.578 of 2012
4. In the light of the fact that we have re-fixed the land value in L.A.A No.77/2013 and since the properties are similar in nature, the same yardstick has to be adopted. Accordingly, we re-fix the land value 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/-