State Of Kerala v. Vijayalekshmi
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. 757 of 2012 (D) ---------------------------- (AGAINST THE JUDGMENT AND DECEREE IN L.A.R NO.161/2007 of II ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 31-07-2009) APPELLANT(S)/RESPONDENT NO.1:
--------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER, SRI. R.PADMARAJ RESPONDENT(S)/CLAIMANT AND RESPONDENT NO.2:
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1. VIJAYALEKSHMI, AGED 56 YEARS, W/O.LATE MANIKANTAN NAIR, T.C.23/2495, KADAYIL VILAKATHU VEEDU, PUTHENCHANTHAI, THIRUVANANTHAPURAM.
2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.D.KISHORE R2 BY ADV. SRI. K.A. JALEEL, 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.
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
------------------------------------------------ L.A.A No.757 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.161/2007 of the II Additional Sub Court, Thiruvananthapuram. The property acquired is having an extent of 0.19 Ares of land comprised in Re-Survey No.1315/A1-A of Vanchiyoor Village for the purpose of widening the LMS - Attakulangara Road for the 2nd Respondent, as per the Notification dated 07.08.2004 issued under Section 4(1). 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 various judgments of this Court whereby the land value has been fixed at Rs.24 Lakhs. We find that in our judgment in L.A.A No.77/2013, we have fixed the land value at
L.A.A. No.757 of 2012 Rs.24,00,000/- per Are, under the same acquisition for similar acquired properties.
In the light of the above, this appeal is allowed and the land value is re-fixed at Rs.24,00,000/- per Are. No costs. Sd/- T.R.RAMACHANDRAN NAIR JUDGE Sd/- P.V.ASHA JUDGE //true copy// P.S. To Judge St/-