Achamma vs State Of Kerala
2024 Latest Caselaw 5610 Ker

Kerala High Court

Achamma vs State Of Kerala on 16 February, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                    LA.APP. NO. 241 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 28.03.2014 IN L.A.R.
              NO.91/2010 OF SUB COURT, THODUPUZHA
                           ---------
APPELLANT/CLAIMANT:

           ACHAMMA, W/O.JOSEPH,
           KAKKANIYIL HOUSE, THALANADU KARA,
           POONJAR, VADAKKEKKARA VILLAGE.

           BY ADVS.
           K.S.BABU
           N.SUDHA
           K.S.GOPI
           BABU SHANKAR



RESPONDENTS/RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY DISTRICT
           COLLECTOR, IDUKKI, PAINAVU.P.O.,
           IDUKKI DISTRICT.


    2      THE DIRECTOR OF TECHNICAL EDUCATION
           THIRUVANANTHAPURAM.

           BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER



THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 L.A.A.No.241/2018               2




                            JUDGMENT

A. Muhamed Mustaque, J.

The appellant is the claimant. This appeal was

preferred as an indigent. An extent of 49.20 Ares of land

comprised in Sy.Nos.570/3 and 570/1 of Purappuzha

Village was acquired for the purpose of establishing

Government Polytechnic College. The Land Acquisition

Officer awarded land value at the rate of Rs.6,140/- per

Are. This was enhanced by reference court at

Rs.74,130/- per Are. The connected matters were

disposed of by this Court, fixing the land value at

Rs.1,33,434/- per Are.

There is a claim for enhancement of building value.

We are not able to enhance any compensation for the

building as there are no materials on record. We reject

the said claim. Accordingly, the appeal is allowed

refixing the land value at Rs.1,33,434/- per Are. The

registry shall note that the appeal was preferred as an

indigent. Therefore, the registry, while drawing the

decree, shall note that the appellant will be entitled for

proportionate cost. However, the court fee leviable from

the appellant shall be specifically mentioned in the

decree to be drawn.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE ln