Rajendran v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 LA.App..No. 52 of 2013 (C) --------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 239/2009 ON THE FILE OF THE I ADDITIONAL SUB COURT,TRIVANDRUM DATED 28-05-2011 APPELLANT/CLIMANT:
------------------- RAJENDRAN S/O RGHAVAN,AGED 67 YEARS, KALPAKOM TC79/457, VENPALAVATTOM KADAKAMPALLY VILALGE.
BY ADVS.SRI.R.T.PRADEEP SRI.P.BIJIMON RESPONDENTS/RESPONDENTS:
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1. THE STATE OF KERALA REPRESENTED BY THE DISRICT COLLECTOR THIRUVANANTHAPURAM.
2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1 BY SR. GOVERNMENT PLEADER SRI. R.PADMARAJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AL/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February 2015
JUDGMENT
Ramachandran Nair, J., This appeal is filed by the claimant seeking enhancement of the land value awarded by the reference court.
2. The land was acquired for the purpose of widening G.G.Hospital-Kumarapuram-Poonthy-Anamugham-NH by-pass road. The notification under Section 4(1) was dated 20.6.2006 The Land Acquisition Officer granted land value at the rate of Rs. 1,97,775/- per Are which has been enhanced to Rs. 3,25,211.30 ps per Are by the reference court.
3. We heard the learned counsel for the appellant and learned Sr.Government Pleader for the respondents.
4. Learned counsel for the appellant relied upon the judgment of this Court L.A.A. 31/2013 & connected cases wherein for the very same purpose the land was acquired and this Court fixed the land value at the rate of Rs. 12,35,000/- per
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Are. It is submitted that the properties are similarly situated and are having the same advantages.
5. The land involved is in III Reach and is categorised as A.
6. Learned Sr. Government Pleader also submitted that the amount of land value in respect of such categories fixed by this Court is Rs. 12,35,000/-.
In the light of the land value fixed in L.A.A.31/2013 and connected cases, we allow the appeal. The land value for the acquired property is fixed at Rs. 12,35,000/- per Are. The appellant will be entitled to all the statutory benefits as granted by the trial court. No costs.
Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge
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