Sekharan 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 THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 LA.App..No. 664 of 2013 () ---------------------------- AGAINST THE JUDGMENT IN LAR 93/2007 ON THE FILE OF THE II ADDL.SUB COURT,TRIVANDRUM DATED 26-06-2010 APPELLANT(S)/CLAIMANT:
----------------------- SEKHARAN S/O.GEORGE MELEMADATHIL KUZHI PUTHEN VEEDU KADIYAKONAM LANE KODUNGANOOR P.O. THIRUVANANTHAPURAM. BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.A.V.PRIYA SRI.V.VINAY MENON GENS GEORGE HARIKRISHNAN G.
RESPONDENTS/RESPONDENTS:
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1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THEIRUVANANTHAPURAM -695001
2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGNEERING DIVISION THIRUVANANTHAPURAM -695001. R2 BY ADV. SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSEL R1 BY SR. GOVERNMENT PLEADER SRI. PADMARAJ.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AL/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January 2015
JUDGMENT
Ramachandran Nair, J., This appeal is filed by the claimant in L.A.R. No. 93/2007 on the file of the 2nd Additional Sub Court, Thiruvananthapuram. The property was acquired for the purpose of IISU. The extent of land involved is 12.40 Ares in R.S. No.567/9 of Peroorkada Village. The notification under Section 4(1) was issued on 22.4.2004. The Land Acquisition Officer awarded land value at the rate of Rs. 44,370/- per Are which is enhanced to Rs. 80,000/- per Are by the reference court.
2. We heard the learned Sr.Government Pleader for the State and learned counsel for the appellant.
3. In the judgment in L.A.A. Nos. 568/12 and 587/2014, we have refixed the land value at the rate of Rs. 5 lakh per Are for similar items of property. Therein also the notification under Section 4(1) is dated 22.4.2004 and the property acquired is also in Peroorkada village in R.S. No. 567/9. The land value fixed
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by the Land Acquisition Officer is at the rate of Rs. 45,370/- per Are.
4. In the light of the above, we are of the view that the claimants are also entitled for the market value at the same rate. Accordingly, we allow the appeal and the appellants will be entitled to land value at the rate of Rs. 5 lakh per Are and also are entitled for all the statutory benefits as granted by the reference court.
5. Even though, the learned counsel for the appellant submitted that the Land Acquisition officer has not granted due amount towards value of trees viz., coconut trees, in the appeal, as there is no such claim, we reject the said prayer. The appeal is allowed accordingly and no costs. Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge
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The following sentence is added after the judgment dated 22/01/2015 in L.A.A.664/2013, vide order dated 15/07/2015 in L.A.A.664/2013.
"In the light of the fact that the CMCP is allowed and the appellant was allowed to sue as an indigent person, we exempt the appellant from paying the court fee." Sd/- Registrar (Judicial)