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Balarajan Geetha Bhavan vs State Of Kerala

High Court Of Kerala|14 November, 2014
|

JUDGMENT / ORDER

Ramachandran Nair, J.,
This appeal is filed against the judgment in L.A.R.No. 14/07 on the file of the 2nd Additional sub Court, Thiruvananthapuram. An extent of 4.30 ares of land involved in Sy. No. 565/8 of Peroorkada Village was acquired for the expansion programme of ISRO. The Section 4(1) notification was published on 22.4.2004. The land value awarded was at the rate of Rs. 17,923/- per are. The properties are classified as 'G' category. The appellant claimed land value at the rate of Rs.1,50,000/-per cent. The land value has been enhanced to Rs.37,500/- per are.
2. We heard the learned counsel for the appellant and learned Sr.Government Pleader for the respondents.
3. This Court had disposed of various appeals in respect of land acquired for the very same purpose and included in category A to G. As far as category A is concerned, the land value fixed is Rs.5,00,049./- per are. The land value fixed for B category is Rs.4,00039.92 per are. The land value fixed for C category is Rs.3,49,122.06/- per are. The land value fixed for D category is Rs. 2,91,430.93/- per are.
4. As far as fixation of land value by the land Acquisition officer is concerned, in respect of categories E,F & G, we find that, the same stands at Rs.20,687/-, Rs.19,914/-and Rs.17,923/- per are.
5. As far as properties included in category No. E, in L.A.A.No. 540/2012, by a separate judgment rendered today, we have refixed the land value at the rate of Rs.2,33,142/- per are. As far as properties included under category G is concerned, certain amount of disadvantage is there. But we are of the view that, the judgment in L.A.A.540/2012 can be relied on for guidance. Since the property involved herein is having some a little more disadvantages, we are of the view that, 10% reduction from the land value adopted by us in L.A.A.540/2012 can be made to arrive at the correct land value herein.
Accordingly, we refix the land value of the acquired property at the rate of Rs.2,09,828.61 per are. The appeal is allowed to that extent. It is made clear that the claimant will be entitled to all the statutory benefits.
The appeal is allowed as above. No cost.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) Sd/-
AL/-
P.V.ASHA (JUDGE) True copy P.A to Judge 1+2 fair copy fair copy draft
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Title

Balarajan Geetha Bhavan vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
14 November, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • Sri Lal George
  • Smt
  • M J Induja