State Of Kerala (Special … vs Rajendran on 3 July, 2008

Kerala High Court
State Of Kerala (Special … vs Rajendran on 3 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1087 of 2008()


1. STATE OF KERALA (SPECIAL TAHSILDAR (LA),
                      ...  Petitioner

                        Vs



1. RAJENDRAN,TC 31/1286,
                       ...       Respondent

2. KOCHU THRESIA, THAZASSERY, MUDUMBIL

3. MARY KUTTY, THAZASSERY, MUDUMBIL

4. THE MANAGING DIRECTOR,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :03/07/2008

 O R D E R
             KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
           ----------------------------------------------------------------
                          L.A.A.NO. 1087 OF 2008
           ----------------------------------------------------------------
                     Dated this the 3rd day of July, 2008

                                  JUDGMENT

Harun-Ul-Rashid, J.

This appeal filed by the State is directed against the judgment and

decree in L.A.R. N o.317 of 2003 on the file of the I Additional Sub Court,

Thiruvananthapuram. The matter relates to the acquisition of 0.88 sq.

metres of land in Survey No.522/7 of Pettah Village for the purpose of

expansion of New International Passenger Terminal at Chakkai. Section 4

(1) notification is dated 4.2.1999. The Land Acquisition Officer fixed land

value at Rs.1,09,365/- per Are by including the land under Category

No.X. The evidence in this case consists of the oral evidence of AW.1

and Ext.A1 marked on the side of the claimants and Exts.R1 to R6 marked

on the side of the respondents.

2. According to the claimants, there are many important institutions

and establishments in the vicinity of the acquired land and the potentiality

of the land was not considered by the Land Acquisition officer while

fixing the land value. The reference court found that Ext.A1 cannot be

L.A.A.NO.1087/2008 2

relied on since the value of the land cannot be separated from the total sale

consideration. The court below held that the land value awarded by the

Land Acquisition Officer is inadequate for the reason that the officer did

not take into account the potentiality of the land and its nearness to very

many important institutions. The court below took into consideration the

value shown in the basic sale deed and the location of the property for the

purpose of redetermining the land value. The acquired land is situated on

the adjoining side on the northern side of the bye pass road commencing

from the National Highway bye -pass road to Chakkai-Vallakkadavu road,

unlike the property covered by the basic document. In the circumstances,

we find that the refixation of land value at the rate of Rs.1,50,000/- per Are

is just and reasonable.

In the result, the appeal fails and it is accordingly dismissed. I.A.

No.2405 of 2008 is also dismissed. There will be no order as to costs.

(KURIAN JOSEPH, JUDGE)

(HARUN-UL-RASHID, JUDGE)

sp/

L.A.A.NO.1087/2008 3

KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.

L.A.A. NO. 1087/2008

JUDGMENT

3rd July, 2008

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