State Of Kerala v. G.Nandarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 LA.App..No.771 of 2012 (C) ---------------------------- AGAINST THE JUDGMENT IN LAR 47/2008 of II ADDL.SUB COURT, TRIVANDRUM DATED 05-08-2008 CROSS OBJECTOR/ CLAIMANT ------------------------------------------------------
1. G.NANDARAJAN, S/O LATE M.P. GOVINDAN, HOUSE NO 120, M.G NAGAR KILIMOLLOOR, KOLLAM BY ADV. SRI.BASANT BALAJI RESPONDENTS :
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1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695 001
2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM PIN - 695 001 R1 GOVERNMENT PLEADER SRI. R.PADMARAJ R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VS
T.R.RAMACHANDRAN NAIR, & P.V.ASHA, JJ.
------------------------------------------------------- L.A.A.No.771 of 2012 & C.O.No.37/2015 -------------------------------------------------------- Dated this the 9th day of March, 2015
JUDGMENT
T.R.RAMACHANDRAN NAIR, J.
The appeal is filed by the State, aggrieved by the judgment and decree in L.A.R.No.47/2008 of the II Additional Subordinate Court, Thiruvananthapuram. The claimant has filed the cross objection seeking enhancement of the land value further.
2. The property was acquired for the purpose of widening of road from Thampanoor-Over bridge by TRIDA as per Section 4(1) notification dated 30.9.2004. The Land Acquisition Officer fixed the land value at the rate of Rs.3,39,625/- per Are, which stand enhanced by the reference court to Rs.28,00,000/- per are. The main contention raised by the learned Senior Government Pleader is that, the enhancement is excessive. In the cross objection, the claimant claims the land value at the rate of
L.A.A.No.771 of 2015 Rs.28,00,000/- and the court fee has been paid accordingly.
3. The land acquired comes within reach No.4, namely from Thampanoor to Over bridge. In a similar matter, in L.A.A.Nos.357/12, 815/12 and 821/12, wherein the land comes within similar category, this Court has fixed the land value at Rs.29,00,000/-. The reference court herein has enhanced land value only to Rs.28,00,000/-.
4. In that view of the matter, and in the light of the judgments in the above land acquisition cases which will be relevant, we dismiss L.A.A.No.771/12 and allow Cross Objection No.37/15 and the claimant is entitled for the enhanced land value at the rate of Rs.29,00,000/- per Are, instead of Rs.28,00,000/- granted by the reference court and he will also be entitled to all the statutory benefits granted by the reference court.
Sd/- T.R.RAMACHANDRAN NAIR, JUDGE Sd/- P.V.ASHA, JUDGE vs