State Of Kerala v. Mohan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 LA.App..No. 832 of 2012 (C) ---------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 166/2008 of II ADDL.SUB COURT,TRIVANDRUM DATED 06-02-2009 APPELLANT/ RESPONDENT :

------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM BY ADVS.ADVOCATE GENERAL GOVERNMENT PLEADER RESPONDENTS/CLAIMANT AND 2ND RESPONDENT:

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1. MOHAN S/O S. CHIDAMBARAM PILLAI, MANORAMA ROAD, THAMPANOOR THIRUVANANTHAPURAM, NOW RESIDING AT TC 29/264(C) GAANAM, THENGAPPURALAND, PETTAH THIRUVANANTHAPURAM 24 FROM TC 25/357 EAST THAMPANOOR, THIRUVANANTHAPURAM 695024

2. LATHA, MANORAMA RAOD, THAMPANOOR, THIRUVANANTHAPURAM NOW RESIDING AT TC 29/26(C), GAANAM, THENGAPPURALAND PETTAH, THIRUVANANTHAPURAM 24 FROM TC 25/357, EAST THAMPANOOR, THIRUVANANTHAPURAM 695024

3. THE SECRETARY.

THIRUVANANTHAPURAM DEVELOPOMENT AUTHORITY THIRUVANANTHAPURAM 695001 R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1-R2 BY ADV. SRI.MILLU DANDAPANI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

= = = = = = = = = = = = = L.A.A.No.832 of 2012 = = = = = = = = = = = = = = Dated this the 6 th day of March, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the State, aggrieved by the enhancement of land value made by the reference court.

2. This appeal is from the judgment and decree in LAR No.166/2008 of the IIAdditional Sub court, Thiruvananthapuram. The property is acquired for widening of road from Museum to Thampanoor by Trivandrum Development Authority. The notification under Section 4(1) was published on 30.09.2004 and the Land Acquisition Officer fixed the land value at the rate of `2,47,000/- per Are. The reference court has granted enhancement to `30 lakhs.

3. The learned Government Pleader relied upon judgment of this Court in LAA No.262 of 2009 in which this Court re-fixed the land value to `21,38,390/-.

4. The learned counsel for the claimants relied upon another judgment of this Court in LAA No.838 of 2009, wherein

L.A.A.No.832/2012 the land value was fixed by the Land Acquisition Officer at `2,44,560/- per Are. Even though the reference court fixed the land value to `30 lakhs per Are, this Court re-fixed the same to `21,60,000/- per Are.

We prefer to follow the judgment in LAA 838/2009, in view of the potentiality and importance of the locality as discussed in paragraph 24 of the judgment. Accordingly, the land value in respect of the property herein is re-fixed at `21,60,000/- per Are and the appeal is allowed to that extent. The parties will suffer their costs in the appeal.

T. R. Ramachandran Nair, Judge P.V. Asha, Judge sj