State Of Kerala v. M.B.Sreelekha
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 MARCH 2015/13TH PHALGUNA, 1936 LA.App..No. 21 of 2014 () -------------------------- AGAINST THE JUDGMENT & DECREE IN LAR 988/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 18-01-2012 APPELLANT/1ST RESPONDENT IN LAR :
--------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT.K.A.REZIYA SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL RESPONDENT(S)/CLAIMANT & 2ND RESPONDENT IN LAR : ------------------------------------------------
1. M.B.SREELEKHA TC 2/1094(1), SREELAKSHMY, PAZHAYA ROAD MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.
2. THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY THIRUVANANTHAPURAM-695 001.
R2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1 BY ADV. SMT.M.HEMALATHA R-R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V ASHA, JJ.
----------------------------------------------------- L.A.A No.21 of 2014 ---------------------------------------------------- Dated this the 4th day of March, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is filed from the judgment and decree in L.A.R No.988 of 2009 on the files of the II Additional Sub Court, Thiruvananthapuram. The land was acquired for the purpose of widening of Pattom-Medical College-Kochulloor road by the 2nd respondent and the notification under Section 4(1) is dated 24.12.2004. The Land Acquisition Officer awarded the land value at Rs.2,39,248/- per Are and by relying upon the judgment in L.A.R No.415 of 2009 of the same court, the reference court enhanced the land value to Rs.22 lakhs per Are. 2.
Heard both sides. A batch of cases have been disposed of by us, ie. L.A.A No.813 of 2012 and connected cases from the same acquisition. Therein we confirmed the enhancement granted at Rs.22 lakhs per Are relying upon the judgment in L.A.A No.232 of 2012. It was also noted by us in the said judgment that this Court fixed the land value in that case at
L.A.A No.21 of 2014 Rs.24,17,100/- per Are.
3.
In this case, since the enhancement granted by the reference court is perfectly justified, we are of the view that the impugned judgment does not warrant interference by this Court. This appeal is accordingly dismissed. There will be no order as to costs.
Sd/- T.R.RAMACHANDRAN NAIR Judge Sd/- P.V.ASHA Judge rtr/ /true copy/ P.S to Judge