Rajeev vs State Of Kerala
2021 Latest Caselaw 9359 Ker

L.A.A.No.241/2020                 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.241 OF 2020

 AGAINST THE JUDGMENT AND DECREE IN LAR 54/2011 DATED 28-11-2014
          OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM


APPELLANT/S:

       1        RAJEEV,
                PLAVILA VEEDU, KOLLUMURI, ATTIPRA VILLAGE,
                THIRUVANANTHAPURAM - 695 011.

       2        SAJEEV,
                PLAVILA VEEDU, KOLLUMURI, ATTIPRA VILLAGE,
                THIRUVANANTHAPURAM - 695 011.

                BY ADV. SRI.BASANT BALAJI

RESPONDENT/S:

       1        STATE OF KERALA,
                REPRESENTED BY THE DISTRICT COLLECTOR,
                THIRUVANANTHAPURAM - 695 001.

       2        THE EXECUTIVE ENGINEER,
                PWD, THIRUVANANTHAPURAM - 695 001.


     THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
     01-03-2021, AND ON 19-03-2021 DELIVERED THE FOLLOWING:
 L.A.A.No.241/2020                  2




                          JUDGMENT

Dated this the 19th day of March, 2021

Ziyad Rahman A.A.,J.

Appellant/claimant filed this appeal challenging judgment

and decree in L.A.R.No.54/2011 of the II Addl.Sub Judge,

Thiruvananthapuram. An extent of 0.76 Ares of land comprised

in Sy.No.526/24 of Attipra 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. An award was passed by the Land Acquisition Officer,

fixing the land value at Rs.2,20,668/- per Are. The reference court

enhanced the same by re-fixing the value as Rs.24,17,000/- per

Are.

2. When the matter came up for consideration, it was

pointed out by the learned counsel for the appellant that, the issue

is covered as per various judgments including L.A.A.No.227/2018,

which is arising from acquisition proceedings in respect of the

very same notification and category of land. In the aforesaid

judgment, this Court re-fixed the land value at Rs.30,18,300/- per

Are. It is evident from the perusal of the records that the

valuation made by the Land Acquisition Officer and also by the

reference court in this case were exactly that of the case decided

by this Court in L.A.A.No.227/2018. Therefore, it is appropriate

that the said fixation of land value be followed in this case also. In

L.A.A.No.227/2018, the land value has been enhanced and re-fixed

by this Court as Rs.30,18,300/- per Are. Accordingly, this appeal

is allowed, re-fixing the value as Rs.30,18,300/- per Are. The

appellant shall be entitled to all statutory benefits.

3. There was a delay of 1956 days in filing the appeal. As

per the order dated 17.12.2020 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