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State Of Kerala vs Sreedharan on 5 October, 2009

Kerala High Court
State Of Kerala vs Sreedharan on 5 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1698 of 2008(D)


1. STATE OF KERALA, REPRESENTED BY THE
                      ...  Petitioner

                        Vs



1. SREEDHARAN, S/O. CHELLAPPAN,
                       ...       Respondent

2. V.SURESH KUMAR,S/O. VASUDEVAKURUP,

3. THE EXECUTIVE ENGINEER

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SMT.AMBIKA DEVI, SC, KWA

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :05/10/2009

 O R D E R
     PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ
          - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    L.A.A No. 1698 OF 2008
          - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 5th day of October, 2009

                              JUDGMENT

Pius C. Kuriakose,J

The respondents/Claimants have not chosen to enter

appearance inspite of service of notice. The appeal pertains to

acquisition of land in Sasthamangalam Village within the area

of Thiruvananthapuram Corporation for the purpose of Kerala

Water Authority. The relevant section 4(1) notification was

published on 15.12.2001. The Land Acquisition Officer

awarded land value at the rate of Rs.81,510/- per Are. Before

the Reference Court, no documentary evidence was produced

by the claimants to support their claim for enhancement of

land value. All the documents which were produced by the

claimants were to support their claim that they are the persons

entitled for the enhanced compensation under deposit. The

reference in question was one under section 18 as well as

under section 31(2). Under the impugned judgment reliance

was placed only on the oral testimony of AW1. The learned

Subordinate Judge has enhanced the land value to Rs.

2,00,000/- per Are. The reference under section 31(2) is not

L.A.A No. 1698 OF 2008 .

: 2 :

seen answered.

2. We are of the view that the learned Subordinate

Judge was not justified in re-fixing the land value at the rate of

Rs. 2,00,000/-per Are as the same is only on the basis of

guess work. At the same time we feel that the market value

of the land in question at the relevant time should be at least

Rs. 1,15,000/-per Are. We are not inclined to decide the issue

finally because this is a reference under section 31(2).

Accordingly, we set aside the judgment and decree and

remand the LAR to the Subordinate Judge’s Court,

Thiruvananthapuram. The learned Judge will answer the

reference under section 18 as well as under section 31(2) of

the Land Acquisition Act. The learned Subordinate Judge will

have due regard to our finding that the market value of the

property in Sasthamangalam Village is at least Rs.1,15,000/-.

The appeal is allowed by way of remand.

( PIUS C. KURIAKOSE, JUDGE)

(K. SURENDRA MOHAN, JUDGE)

jma

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