Kerala High Court
State Of Kerala vs Raveendran Nair on 27 June, 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 MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 222 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020 IN LAR NO.5 OF
2018 OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/1ST RESPONDENT :
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR.
BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
RESPONDENTS/CLIMANT & 2ND RESPONDENT :
1 RAVEENDRAN NAIR
S/O. BHARGAVIAMMA, MOOLETHU HOUSE,
NAYATHODU KARA, NAYATHODE,
ANGAMALY VILLAGE, ALUVA, PIN-683572
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION)
SOUTHERN RAILWAY, ERNAKULAM, PIN - 682016.
BY ADV V.N.SUBASH
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
27.06.2024, ALONG WITH LA.APP.NOS.235 OF 2021, 590 OF 2022 AND
613 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.222 and 235 of 2021 &
590 and 613 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 235 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020 IN LAR NO.8
OF 2017 OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/1ST RESPONDENT :
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR.
BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 2ND RESPONDENT :
1 NARAYANAN N.V
S/O VELAYUDHAN, NAMBYARATHUPARAMBIL HOUSE,
NAYATHODE.PO, NAYATHODU KARA, ANGAMALY VILLAGE,
ALUVA TALUK, PIN-683572.
2 DEPUTY CHIEF ENGINEER(CONSTRUCTION),
SOUTHERN RAILWAY, ERNAKULAM, PIN-682016.
BY ADVS.
V.N.SUBASH
SRI.P.P.M.NAJEEB KHAN, SC, RAILWAYS
S. BIJU
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 27.06.2024, ALONG WITH LA.APP.NOS.222 OF 2021, 590 OF 2022
AND 613 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LAA Nos.222 and 235 of 2021 &
590 and 613 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 590 OF 2022
AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020 IN LAR NO.6
OF 2017 OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/1ST RESPONDENT :
STATE OF KERALA
REPRESENTED BY DISTRICT COLECTOR
BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 2ND RESPONDENT :
1 SUBRAHMANIAN
S/O PAPPU, NAMBYARATHU PARAMBIL HOUE,
NAYATHOE P O, NAYATHODE KARA, ANGAMALY VILLAGE
ALUVA THALUK, PIN - 683572
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION)
SOUTHERN RAILWAY
ERNAKULAM, PIN - 682016
BY ADV V.N.SUBASH
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 27.06.2024, ALONG WITH LA.APP.NOS.222 OF 2021, 235 OF 2021
AND 613 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LAA Nos.222 and 235 of 2021 &
590 and 613 of 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
LA.APP. NO. 613 OF 2022
AGAINST THE JUDGMENT AND DECREE DATED 24.02.2020 IN LAR NO.4
OF 2018 OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/1ST RESPONDENT :
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR
ERNAKULAM
BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 2ND RESPONDENT :
1 ELSY VARGHESE
W/O VARGHESE, PANIKULANGARA HOUSE,
NAYATHODE, ANGAMALY, PIN - 683572
2 DEPUTY CHIEF ENGINEER (CONSTRUCTION)
SOUTHERN RAILWAY
ERNAKULAM, PIN - 682016
BY ADV V.N.SUBASH
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 27.06.2024, ALONG WITH LA.APP.NOS.222 OF 2021, 235 OF 2021
AND 590 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LAA Nos.222 and 235 of 2021 &
590 and 613 of 2022
5
JUDGMENT
A.Muhamed Mustaque, J.
The Reference Court on reference under Section
28A(3) of the Land Acquisition Act, 1894 awarded 25% hike
for the compensation granted under the head of injurious
affection. The legality of that enhancement is questioned in
these appeals preferred by the State.
2. This Court in State of Kerala v.
Ibrahimkutty and another; [2012(1) KHC 654 (DB)], such
an award of compensation under Section 28A(3) of the Land
Acquisition Act, 1894 is legally unsustainable.
3. However, the learned counsel for the
respondents attempted to justify the award in the light of
Union of India v. Tarsem Singh and Others; [2019 (9)
SCC 304].
LAA Nos.222 and 235 of 2021 &
590 and 613 of 2022
We are of the view that the above judgment has no
application in these matters as it is related to the acquisition
under the National Highways Act. In the light of binding
judgment of this Court in Ibrahimkutty's case (supra), the
impugned award to the extent granting 25% hike under the
head of injurious affection is set aside.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
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