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High Court of KeralaLA.App./801/2012allowed

State Of Kerala v. Sibile Periera

2015-02-04Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair3 pages

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. 801 of 2012 (A) --------------------------------------- (AGAINST THE JUDGMENT AND DECREE IN L.A.R NO.385/2006 of II ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 23-07-2011) APPELLANT/1ST RESPONDENT :

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

BY SR. GOVERNMENT PLEADER, SRI. R.PADMARAJ RESPONDENTS/CLAIMANT & 2ND RESPONDENT :

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1. SIBILE PERIERA MARY, MARGERETTE JOSEPH, TEENA COTTAGE, KADINAMKULAM, THIRUVANANTHAPURAM.

2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 001.

R1 BY ADV. SRI.M.SREEKUMAR 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.801 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.385/2006 of the II Additional Sub Court, Thiruvananthapuram. The land acquisition was for the purpose of widening the LMS - Attakulangara Road for the 2nd Respondent, under Section 4(1) notification dated 07.08.2004. An extent of 0.30 Ares of land in Survey No.1243/1 of Vanchiyoor Village in Thiruvananthapuram Taluk was acquired for the above purpose. The Land Acquisition Officer fixed the land value at Rs.4,11,665/- per Are, which has been enhanced to Rs.24,70,000/- by the Reference Court.

2. Heard both sides.

3. The learned Senior Government Pleader relied upon the various judgments of this Court including our judgment in L.A.A No.77/2013. By that judgment, we have re-fixed the land value at Rs.24 Lakhs for the very same acquisition and

L.A.A. No.801 of 2012 under the very same notification.

4. Accordingly, we allow the appeal and re-fix the land value 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/-