State Of Kerala vs S.Sobhana
2024 Latest Caselaw 5281 Ker

Kerala High Court

State Of Kerala vs S.Sobhana on 15 February, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        LA.APP. NO. 540 OF 2015
 AGAINST THE JUDGMENT AND DECREE DATED 19.11.2014 IN LAR 193/2004
          OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS:

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

    2     THE EXECUTIVE ENGINEER
          PUBLIC WORKS DEPARTMENT,THIRUVANANTHAPURAM.

          BY ADV GOVERNMENT PLEADER


RESPONDENTS/CLAIMANT:

          S.SOBHANAN
          MANIMANDIRAM,PRASANTH NAGAR,AKKULAM
          ROAD,THIRUVANANTHAPURAM.

          BY ADVS.
          SRI.R.GOPAN
          SRI.SHAJIN S.HAMEED


     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 540 OF 2015
                                     2

                               T.R.RAVI.J
            -------------------------------------------------------
                        LA.App.No.540 of 2015
          --------------------------------------------------------
            Dated this the 15th day of February, 2024


                              JUDGMENT

The appeal has been filed by the State being

aggrieved by the enhancement granted by the Court by

re-fixing the land value at Rs.24,17,100/- per Are. The

court below had relied on the judgment in LAR.No.68 of

2009 wherein a land value of Rs.24,17,100/- per Are had

been granted. It is submitted that LAR.No.68 of 2009

relates to an acquisition pursuant to notification dated

21.06.2007 while the acquisition in this case is pursuant

to a notification dated 15.05.2003. It is hence submitted

that the value which was granted for a subsequent

acquisition cannot be granted in this case. I find

justification in the above submission. At the same time, LA.APP. NO. 540 OF 2015

with respect to the acquisition pursuant to the

notification dated 15.05.2003, this Court had in

LAA.No.2250 of 2008, affirmed the enhancement of the

land value to Rs.2 lakhs per Are, for similar lands,

granted by the reference court.

In the above circumstances, the appeal is allowed.

The judgment is set aside and the land value is fixed at

Rs.2 lakhs per Are as was granted in LAA.No.2250 of

2008. The parties shall bear their respective costs.

Sd/-

T.R.RAVI

JUDGE sn