State Of Kerala v. Dr.Hemalatha
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. 751 of 2012 (C) --------------------------- (AGAINST THE JUDGMENT AND DECREE IN L.A.R NO. 252/2006 OF II ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 23-12-2010) APPELLANT(S)/1ST RESPONDENT:
------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER, SRI. R.PADMARAJ RESPONDENT(S)/CLAIMANTS & 2ND RESPONDENT :
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1. DR.HEMALATHA, TC 21/2170, HEMA SADAN, MADRASA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM 695 010.
2. UDAYA SREE THAMPY, TC 21/2170, HEMA SADAN, MADRASA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM 695 010.
3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM 695 001. R1 BY ADVS. SRI.B.ASHOK KUMAR SRI.C.M.PRADEEP KUMAR SRI.R.SUNIL KUMAR SMT.A.SALINI LAL R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION 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.751 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.252/2006 of the II Additional Sub Court, Thiruvananthapuram. An extent of 0.06 Ares of land in Survey No.1365/1 of Vanchiyoor Village in Thiruvananthapuram Taluk was acquired for the purpose of widening the LMS - Attakulangara Road for the 2nd Respondent, as per notification under Section 4(1) dated 07.08.2004. The Land Acquisition Officer fixed the land value at Rs.4,52,833/- per Are.
2. The Reference Court has granted the enhanced land value at Rs.24,70,000/- per Are.
3. Heard both sides.
4. 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 the higher side. It is further submitted that in L.A.A No.322/2011,
L.A.A. No.751 of 2012 wherein also the acquisition was for the same purpose, this Court re-fixed the land value.
5. In the light of the fact that we have re-fixed the land value in L.A.A No.77/2013 at Rs.24 Lakhs 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/-