State Of Kerala v. Abdul Aziz

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 LA.App..No. 647 of 2012 () --------------------------- ( AGAINST THE JUDGMENT IN LAR NO.177/2008 OF II ADDL.SUB COURT, THIRUVANANTHAPURAM) APPELLANT/1ST RESPONDENT IN L.A.R:-:

----------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

BY SR.GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R:-: ------------------------------------------------------------

1. ABDUL AZIZ, S/O.MEERA SAHIB, NOUSHAD MANZIL, KONCHIRA VEMBAYAM VILLAGE, THIRUVANANTHAPURAM.695616

2. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM.695 001 R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA R1 BY ADV. SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - L.A.A.No.647 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is from the judgment in L.A.R.No.177/2008 of the Sub Court, Thiruvananthapuram. The property in question namely 0.32 Ares of dry land in Sy.No.39/33A of Manacaud village was acquired for the purpose of L.M.S-Attakulangara road. The notification under Section 4(1) of the Act is dated 7.8.2004. 2.

The land acquisition officer awarded land value @ Rs.297521/- per Are which has been enhanced to Rs.29,64,000/- per Are by the reference court. The reference court relied on Ext.A3 judgment.

3.

Heard both sides.

4.

The learned Senior Government Pleader submits that the enhancement is totally excessive.

In our judgment in L.A.A.Nos.701/2012 & 552/2013 from the same acquisition, we have

LAA No.647/2012 adopted land value @ Rs.17,50,000/- per Are. Therein, the properties were at a short distance from Attakulangara junction. It is submitted that the acquired property herein is also having the very same advantages.

We, therefore, are of the view that the land value as granted by this Court in L.A.A.Nos.701/2012 & 552/2013 can be adopted herein also. Accordingly, the appeal is allowed. The award of the reference court is modified and the land value is refixed at Rs.17,50,000/- per Are. No costs.

T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.

LAA No.647/2012