High Court of KeralaLA.App./26/2014allowed

The State Of Kerala v. A.Kannan

2015-01-12Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair3 pages

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 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 LA.App..No. 26 of 2014 () -------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 106/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 18-02-2013 APPELLANT(S)/RESPONDENT:

---------------------------------------------- THE STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR.G.P. SHRI R. PADMARAJ RESPONDENT(S)/CLAIMANT:

---------------------------------------------- A.KANNAN T.C. 20/1362, KARAMANA, MELARANNOOR - 695 002. R1 BY ADV. SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.26 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed from the judgment in LAR No.106/2009 on the file of the Second Addl. Sub Court, Thiruvananthapuram. The acquisition is for the purpose of widening of Karamana-Killippalam Road Reach II. Section 4(1) notification is dated 20.8.1998. The Land Acquisition Officer awarded land value at the rate of Rs.2,07,774/- per are. The reference court, by relying upon the judgment in LAR Nos.51/2003, 25/2003 and 45/2003, has enhanced the land value to Rs.6,17,284/- per are.

2. Before this Court, the learned Senior Government Pleader relied upon the judgment in LAA NO.1146/2008 wherein the land value was refixed by this Court at the rate of Rs.6 Lakhs per are.

3. Learned counsel for the respondent pointed out that in various

LAA 26/2014 cases there is some difference in the land value originally fixed by the Land Acquisition Officer. In a case where the Land Acquisition Officer awarded the land value at the rate of Rs.2,07,774/-, and the reference court enhanced the same to Rs.6,17,284/-, this Court confirmed the same in LAA No.46/2014.

4. We have perused the judgment in LAA No.46/2014. The same common judgment in LAR Nos.51/2003, 25/2003 and 45/2003 was relied upon by the reference court therein and this Court dismissed the appeal confirming the same.

Therefore, in this case also we confirm the judgment of the reference court by fixing land value at the rate of Rs.6,17,284/- per are. The appeal is hence dismissed. No costs.

(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/