Kerala High Court
Rajendran vs State Of Kerala on 19 March, 2021
L.A.A.No.229/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
LA.App..No.229 OF 2020
AGAINST THE JUDGMENT AND DECREE IN LAR 100/2013 OF II
ADDITIONAL SUB COURT, TRIVANDRUM
APPELLANT/S:
RAJENDRAN,
S/O BALAN, RAJENDRA BHAVAN, AKKULAM,
CHERUVAICKAL MURI, CHERUVAIKKAL VILLAGE,
THIRUVANANTHAPURAM-695 011.
BY ADVS.
SRI.BASANT BALAJI
SRI.JOSH RAJAN (NALANCHIRA)
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM - 695 001.
2 THE EXECUTIVE ENGINEER,
PWD DIVISION, THRIUVANANTHAPURAM-695 001.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
01.03.2021, THE COURT ON 19.03.2021 DELIVERED THE
FOLLOWING:
L.A.A.No.229/2020 2
JUDGMENT
Dated this the 19th day of March, 2021
Ziyad Rahman A.A.,J.
Appellant/claimant filed this appeal seeking enhancement of
land value by challenging judgment and decree passed in
L.A.R.No.100/2013 of the II Addl.Sub Judge, Thiruvananthapuram.
An extent of 0.49 Ares of land comprised in Sy.No.168/12 (LA Re-
survey No.168/33) of Cheruvaikkal Village was acquired for
widening of Ulloor-Akkulam-Kuzhuvila NH Bye Pass Road. The
notification under Section 4(1) of the Land Acquisition Act was
published on 12.12.2007 and the award was passed on 09.03.2011.
The value fixed by the Land Acquisition Officer was Rs.2,26,792/-
per Are. The reference court enhanced the same by re-fixing the
value as Rs.24,17,000/- per Are. Above appeal is filed being
aggrieved by the same.
2. When the matter came up for consideration, the learned
counsel for the appellant pointed out that, the issue is covered as
per various judgments including L.A.A.No.7/2016, wherein the land
acquired by the very same notification and very same category of
land was considered. In the said judgment, this Court re-fixed the
land value as Rs.30,18,413/- per Are.
3. Since the property which was the subject matter of
above appeal was covered by the very same notification and also
the category of land was same, it is appropriate that very same land
value be adopted in this case also. Accordingly, appeal is allowed
by re-fixing the land value as Rs.30,18,413/- per Are. The appellant
shall be entitled to all statutory benefits.
4. There was a delay of 1120 days in filing the appeal. As
per the order dated 27.11.2020 in C.M.Appln.No.1/2020, this Court
condoned the said delay on condition that the appellant/claimant
will not be entitled for interest for the period of delay. In the above
circumstances, it is made clear that the appellant shall not be
entitled for interest on the amount for the said period.
Appeal is allowed to that extent.
Sd/-
A.HARIPRASAD
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG
