The Special Tahsildar (La) vs Dr. Hrishikesh

Kerala High Court

The Special Tahsildar (La) vs Dr. Hrishikesh on 23 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

LA.APP. NO. 325 OF 2017
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          LA.APP. NO. 325 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 19.12.2013 IN LAR NO.108 OF 2010 OF
ASSISTANT   SESSIONS   COURT/PRINCIPAL   SUB   COURT   /   COMMERCIAL   COURT,
KOZHIKODE
APPELLANT/S:

            THE SPECIAL TAHSILDAR (LA)
            KOYILANDY.

            BY ADV GOVERNMENT PLEADER T.I.SHAJAN, SR.GOVERNMENT PLEADER



RESPONDENT/S:

     1      DR. HRISHIKESH
            S/O.LATE MADHAVA MENON,"SAIDAYA", PARAPPANANGADI,MALAPPURAM
            - 676 303.

     2      SUBADRA
            D/O. LATE MADHAVA MENON,PARAPPANANGADI,MALAPPURAM - 676
            303.

     3      THE MANAGING DIRECTORKINFRA
            THIRUVANANTHAPURAM.

            BY ADVS.
            SRI.K.M.JAMALUDHEEN
            SRI.P.U.SHAILAJAN
            SMT.LATHA PRABHAKARAN




     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 325 OF 2017
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                                JUDGMENT

Dated this the 23rd day of May 2024 A.Muhamed Mustaque, J.

This appeal was preferred by the State. The acquisition was for the purpose of KINFRA Knowledge Park. The land belong to Gourikutty Amma and Balagopal was acquired for the purpose of the above project. The reference court granted Rs.100,000/- per cent for the land, which was placing reliance on the judgment in L.A.R.No.90/2010 related to Gourikutty Amma and Balagopal. The reference order made in L.A.R No.90/2010 is under challenge in L.A.A.No.671/2013. This issue was settled between parties and land value was reduced @ 95,000/- per cent. It seems that, after settlement, an attempt was made to recall the settlement alleging fraud. Thereafter it appears that parties have again settled the matter and land value was reduced @ Rs.90,000/- per cent with certain other conditions. This has not been taken note in LAA No.657/2014 and connected matters, wherein this Court had fixed the land value @ Rs.90,000/- per cent for for wet land having road access

2. In the light of the judgment in LAA No.657/2014 and LA.APP. NO. 325 OF 2017 3 connected cases, we therefore, modify the impugned judgment reducing the land value @ Rs.90,000/- per cent for all statutory benefits.

The land acquisition appeal is disposed of accordingly.

Sd/ A.MUHAMED MUSTAQUE JUDGE sd/ S.MANU JUDGE jm/