State Of Kerala v. Jagadamma
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 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 LA.App..No. 132 of 2013 (C) ---------------------------- AGAINST THE JUDGMENT IN LAR 270/2004 of II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 16-06-2011.
APPELLANT/RESPONDENT:- ----------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SENIOR GOVERNMENT PLEADER SRI.R.PADMARAJ SRI.K.A.JALEEL, ADDITIONAL. ADVOCATE GENERAL RESPONDENT/CLAIMANT:- --------------------------------------- JAGADAMMA, W/O.KESAVAN, KOCHU VELIYIL, KARIKKAKOM MURI KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM - 695 001. BY ADV. SRI.P.V.ANIL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: iap
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
----------------------------------------- L.A.A.NO.132 of 2013 ------------------------------------------- Dated this the 19th day of January, 2015.
JUDGMENT
T.R.Ramachandran Nair, J This appeal is filed from the judgment and decree in L.A.R 270/2004 of the second Additional Sub Court, Thiruvananthapuram.
2. The property was acquired for the purpose of setting up of amusement park at Veli and the notification under Section 4(1) is dated 09.01.2002. The Land Acquisition Officer awarded the land value @ Rs.66,300/- per Are which was enhanced to Rs.1,85,250/- per Are by the Reference Court. The enhancement is granted by relying upon the judgment Exhibit A1. It was found that the acquired land is having the same potentiality and importance.
3. We notice that in L.A.A in 27/2011 from the judgment in L.A.R No.289/2004 with respect to the same requisition this Court confirmed the land value at the same rate namely Rs.1,85,250/-. Therein the reference court had granted enhancement based on the judgment in L.A.R.No.s 49/2004 and 50/2004. A Division Bench of this Court in L.A.A.No.1107/2008 had reduced the land value awarded in L.A.R No.49/2004 and 50/2004 from Rs.1,85,250/- to Rs.1,75,000/- per Are. But this Court found that the notification under Section 4(1) was issued some months later and therefore the award of amount at the rate of Rs.1,85,250/- per Are was found to
L.A.A.NO.132 of 2013 2 be reasonable.
We are also of the view that, in the light of the fact that, the notification under Section 4(1) in L.A.A.No.27/2011 and herein is of the same date, the land value awarded as Rs.1,85,250/- per Are is reasonable and accordingly the appeal is dismissed. No costs. Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE) Sd/- (P.V.ASHA, JUDGE) iap