Smitha vs State Of Kerala
2023 Latest Caselaw 997 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       LA.APP. NO. 32 OF 2019
  AGAINST THE       JUDGMENT AND DECREE IN LAR 279/2008 OF SUB
              COURT, MAVELIKKARA DATED 30-06-2011.
APPELLANT/CLAIMANT       :

            SMITHA,
            SARADA BHAVANAM, MENAMPALLY,
            PERINGALA VILLAGE , PATHIYOOR.
            BY ADV M.S.SAJEEV KUMAR

RESPONDENTS/RESPONDENTS       :

   *1       STATE OF KERALA,
            REPRESENTED BY DISTRICT COLLECTOR,
            ALAPPUZHA 688 001.
    2       SOUTHERN RAILWAY
            REPRESENTED BY DIVISIONAL RAILWAY OFFICER,
            HOUSING BOARD BUILDING, THYCAUD,
            THIRUVANANTHAPURAM - 695 014.
            * ADDRESS OF THE RESPONDENT NO.1 IS CORRECTED AS
            PER ORDER OF THIS HON'BLE COURT DATED 19-02-2019
            IN MEMO PRODUCED IN THIS APPEAL.


            R1 BY SMT.REKHA C.NAIR, SR.GP.
            R2 BY ADV MANU S., DSGI OF INDIA


     THIS    LAND    ACQUISITION   APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 L.A.A No.32 of 2019

                            -:   2    :-



                   Sathish Ninan, J.
             ==============================
                   LAA No.32 of 2019
               ==========================
        Dated this the 17th day of January, 2023


                            JUDGMENT

Dissatisfied with the land acquisition

compensation awarded, the claimant is in appeal.

2. The property, belonging to the claimant in

LAA No.32 of 2019, having an extent of 3.72 ares,

equivalent to 9.19 cents, in Survey No.634/7-1 in

Pathiyoor village was acquired for the purpose of

doubling of railway line. Section 4(1)

notification was published on 27-12-2004. The

Land Acquisition Officer awarded land value at

Rs.24,244/- per Are. The claimant objected to the

value fixed and sought for reference. The

reference court tried the LAR along with LAR L.A.A No.32 of 2019

-: 3 :-

Nos.57 of 2008 and 329 of 2008.

3. The LARs were disposed of by a common

of 2008, appeals were filed before this Court as

LAA Nos.238 of 2017 and 244 of 2017.

4. As per judgment dated 03-07-2019, the LAAs

were disposed of re-fixing the land value at

Rs.78,752/- per Are.

5. Heard Sri.M.S.Sajeev Kumar for the

appellant and Smt.Rekha C Nair, the learned

Government Pleader for respondent No.1 and

Sri.Manu.S, the learned counsel appearing on

behalf of respondent No.2.

6. There is no reason to deny the appellant

of 2017.

In the result, the appeals are allowed L.A.A No.32 of 2019

-: 4 :-

re-fixing the land value at Rs.78,752/- (Rupees

seventy eight thousand seven hundred and fifty

two only) per Are. The appellant/claimant is

entitled to all statutory benefits under Sections

23(1A), 23(2) and 28 of the Land Acquisition Act,

1894. In the light of the order dated 05.03.2019

in C.M. Application No.2/2019, the appellant

shall not be entitled for interest for the period

of 1938 days in filing the appeal. The appellant

shall be entitled for proportionate costs.

Sd/-

Sathish Ninan, Judge

amk