Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

State Of Kerala

High Court Of Kerala|17 December, 2014
|

JUDGMENT / ORDER

Ramachandran Nair, J.
This appeal is filed by the State aggrieved by the judgment in L.A.R.No.243/2008 on the file of the Second Additional Sub Court, Thiruvananthapuram. The land was acquired for the purpose of widening of Pattom-Kowdiar road. The section 4(1) notification was published on 30/10/2004. The land acquisition officer awarded land value @ ` 2,13,406/- per Are. The same was enhanced by the court below to `30 lakhs per Are by relying upon Exts.A3 document and A4 and A5 judgments.
2. The learned Government Pleader submits that this Court has reduced the enhanced land value to ` 22 lakhs per Are in connected cases.
3. We heard the learned counsel for the claimant as well the learned Standing Counsel for the requisitioning authority.
4. We have gone through the judgment in L.A.A.No.754/2010 arising from L.A.R.No.408/2008 of the same court. Therein also the notification under Section 4(1) is dated 30.10.2004. The amount awarded by the land acquisition officer is the same and this Court refixed the land value at `22 lakhs per Are. Since it is from the same notification, it can be safely relied upon.
5. In the light of the above, we allow the appeal and refix the land value as far as the acquired property herein is concerned at `22 lakhs per Are and we affirm the directions with regard to the statutory benefits already granted by the reference court.
6. The learned counsel for the claimant/first respondent submits that the first respondent is aged 84 and therefore there may be a direction to deposit the amount also. He produced before us the copy of the judgment of the learned Single Judge in O.P.(C) No.4277/2013 filed by the first respondent herein whereby this Court directed the II Additional Subordinate Judge's Court, Thiruvananthapuram to take the proceedings in E.P.No.685/2012 in L.A.R.No.243/2008 to its logical conclusion and a period of four months has been fixed for completion of the same.
7. Even though the judgment is in April 2014, it is submitted that so far the amount has not been deposited by the State. The learned Government Pleader sought some more time for making the deposit. We grant two months' time from today and the time limit will be positively adhered to for making the deposit.
The appeal is allowed as above. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

State Of Kerala

Court

High Court Of Kerala

JudgmentDate
17 December, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha