High Court of KeralaDivision BenchThe batch of appeals disposed: LAA 51/2014 allo...
Common Judgment in L.A.A. Nos. 51/2014 and connected cases (Thiruvananthapuram Land Acquisition Appeals)
Case / Petition Number:LA.App..51/2014 (and connected cases: 717/2014, 825/2014, 876/2014, 896/2014, 12/2015, 165/2015, 181/2015, 185/2015, 200/2015, 210/2015, 225/2015, 228/2015, 229/2015, 291/2015, 302/2015, 383/2015, 482/2015, 552/2015, 205/2016, 255/2016)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.K. Abdul Rehim
- Shircy V.
- Judgment Date
- 2018-06-13
- Court Decision / Holding
- i) L.A.A. No.51/2014 (LAR No.563/2008) is allowed in part; the land value is refixed at Rs.16,16,000 per Are with all statutory benefits to the claimants. ii) All other appeals, except those in L.A.A. 51/2014, are dismissed. iii) Interim applications are closed. (Common judgment dated 13 June 2018).
- Final Disposition
- The batch of appeals disposed: LAA 51/2014 allowed in part with land value refixed at Rs.16,16,000 per Are; all other appeals dismissed; interim applications closed; common judgment disposed of connected cases.
Parties to the Case
Appellants / Petitioners
- State of Kerala represented by the District Collector, Thiruvananthapuram
- Executive Engineer, Public Works Department, Road Division, Thiruvananthapuram
Respondents
- S. BABU T.C.
- S. GIREESAN T.C.
- S. MOHANACHANDRAN T.C.
- S. MONI T.C.
- JAYAKUMAR
- V. RAMA LEKSHMANAN CHETTIYAR
- V. RAMA LEKSHMY KALPAKASSERRY PUTHENVEEDU
- VINEESH S/O RAJENDRAN
- SOBHANA D/O THANKAMMA
- L. LATHA D/O LEELAMMA
- VINEESH R.S S/O RAJENDRAN
- DEEPA G.KUMAR
- RANI S.GOPINATH
- BIJU MON.R.S
- SIVANI
- DR. P. GOPINATH
- ANITHA SAJEEV KRISHNAN
- SOJA MAJEED
- RAJANI C W/O MOHANAN
- JOY ANTHARJANAM
- DEEPA?
- JALAJ A DWARAKA BHAVAN
- MARYKUTTY SEBASTIAN
- SOJA MAJEED
- VASANTHA KANIYAPURATH
- BIJU MON.R.S
- RAJANI C W/O MOHANAN
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. T.K. Shajahan (Government Pleader)
Counsels for Respondents
- • Advocates for claimants as listed in the judgments (e.g., Smt. M. Hemalatha; Smt. P.Rani Diotima; Smt. Lal George; Smt. D. Ganesh Kumar; Smt. Basant Balaji; Smt. S. Vijayan; etc.)
Case Synopsis & Summary
This is a common judgment of the High Court of Kerala, Ernakulam, delivered by a two-judge bench (C.K. Abdul Rehim, J., and Shircy V., J.) on 13 June 2018, disposing of a batch of land acquisition appeals arising from the widening of Pettah–Anayara road and the construction of a Railway Over Bridge. The appeals concern references under the Land Acquisition Act across multiple years (LAR Nos. 563/2008 and related cases) and consequent compensation determinations for land acquired in Thiruvananthapuram city. The State of Kerala, represented by the District Collector and the Public Works Department, challenged the reference court’s enhanced payments, arguing for a valuation tethered to Section 4(1) notification dates and prior comparable judgments. The court undertook a detailed review of precedents on land value escalation, including the highest-basis principle from exemplars of comparable sales, cumulative yearly escalation, and urban-rural escalation rates, citing General Manager, ONGC v. Patel; Haryana State Industrial Development Corp. v. Udal; and Kunjeliayamma Kuryan, among others. The judgment fixes the value for L.A.A. 51/2014 at Rs.16,16,000 per Are (instead of the higher earlier refixation) and disposes of other appeals by dismissal, closing interim applications. The decision reflects a uniform approach to compensation with statutory benefits preserved for claimants where applicable.
Provisions of Law Cited
The Land Acquisition Act, 1894, Section 4(1)
Legal Doctrines & Maxims
- Highest value among exemplars reflecting comparable sale instances (court should adopt the greatest comparable figure)
- Cumulative escalation method for yearly increases in land value (escalation on a cumulative basis)
- Urban areas escalation rate (10-15% per annum) and rural areas (5-7.5% per annum) as per cited Supreme Court decisions.
Submissions & Arguments
Contentions of Appellants / Petitioners
The State argued that compensation should be based on Section 4(1) notification dates with adoption of a reflected sale-value baseline, and called for consistent application of the existing LAR/precedents, including the 45% uplift not to be presumed universal; it urged reliance on LAR No.563/2008 as a comparandum while contending that escalation should be applied in a controlled, time-based manner without inflating beyond comparable cases.
Contentions of Respondents
Claimants contended for higher, upwardly revised valuations based on escalation principles derived from Supreme Court and High Court precedents (including 10-15% urban and 5-7.5% rural annual increases, cumulatively calculated). They argued for adopting the higher baselines from earlier judgments (e.g., LAR No.179/2005 and connected cases) and ensuring that the period between notifications is reflected in the compensation uplift.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| General Manager, ONGC v. Rameshbhai Jivanbhai Patel & Another | (2008) 14 SCC 745 | Positive | Cited for escalation methodology and annual increase principles in urban/semi-urban areas. |
| Haryana State Industrial Development Corporation Ltd. v. Udal | AIR 2013 SC 3111 | Positive | Cited for escalation principle and measurement in land value assessment. |
| Kunjeliayamma Kuryan v. State of Kerala | 2017(1) KHC 111 | Positive | Cited for cumulative escalation approach within Kerala High Court jurisprudence. |
| LAR 563/2008 | LAR 563/2008 | Positive | Reference baseline for land value in this acquisition circle; used as comparandum for subsequent refixation. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
## **THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.51 OF 2014(C)**
**AGAINST THE JUDGMENT & DECREE IN LAR 563/2008 DATED 27-03-2009 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS:**
- **1 S.BABU T.C. 30/163, PATTATHIL VEEDU, KAVULANE, ANAYARA P.O.-695029**
- **2 S.GIREESAN T.C. 75/34, KADAKAMPALLY ROAD, ANAYARA P.O., THIRUVANANTHAPURAM-695029.**
- **3 S.MOHANACHANDRAN T.C.18/3294, VADAKKATHIL VEEDU, KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.**
- **4 S.MONI T.C. 7/574, VERUTHIKKODE VEEDU, NEERAZHI LANE, ULLOOR, THIRUVANANTHAPURAM-695011. R1 TO R4 BY ADV. SRI.BASANT BALAJI**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App.717/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:2:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.717 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR 379/2010 DATED 25-112013 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT:**
## **JAYAKUMAR**
**REPRESENTED BY THE POWER OF ATTORNEY HOLDER SUSEELA, T.C.NO.30/306, LAILA NIVAS, NAYANVILAKAM, PETTAH, ANAYARA P.O., THIRUVANANTHAPURAM - 695 029.**
**R1 BY ADV. SRI.P.V.ANIL**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:3:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.825 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR 376/2010 DATED 27-11-2013 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROAD DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT:**
**V.RAMA LEKSHMANAN CHETTIYAR PUTHEN VEEDU, T.C.30/1466, PETTAH, THIRUVANANTHAPURAM-695 001.**
## **R1 BY ADV. SMT.P.RANI DIOTHIMA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:4:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.876 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR 173/2010 DATED 17-012014 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY THE DISTRICT COLLECTOR,**|
||**THIRUVANANTHAPURAM.**|
|**2**|**THE EXECUTIVE ENGINEER**|
||**PUBLIC WORKS DEPARTMENT, ROAD DIVISION,**|
||**THIRUVANANTHAPURAM.**|
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS:**
|**1**|**J.VISWAROOPAN**|
|---|---|
||**T.C.30/227(1) 'PRIYAM', KALLUMMOODU, ANAYARA**|
||**P.O., THIRUVANANTHAPURAM-695029.**|
|**2**|**D.SUSEELA**|
||**T.C.30/227(1) 'PRIYAM', KALLUMMOODU, ANAYARA**|
||**P.O., THIRUVANANTHAPURAM-695029.**|
||**BY ADV. SRI.J.HARIKUMAR**|
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:5:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.896 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR 368/2010 DATED 07-12-2013 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROAD DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANTS:**
**V.RAMALEKSHMY KALPAKASSERRY PUTHENVEEDU, PATHIRAKARI MURI, PATTAH, THIRUVANANTHAPURAM-695024.**
## **R1 BY ADV. SMT.P.RANI DIOTHIMA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:6:-
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.2 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 338/2010 DATED 28-022014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT:**
**DR. RAMESAN S/O.PRABHAKARAN, SUMA BHAVAN, PATHIRIKARI MURI, PETTAH, THIRUVANANTHAPURAM 695 001.**
## **R1 BY ADV. SMT.P.RANI DIOTHIMA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:7:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.12 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 377/2010 DATED 18-012014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANT/RESPONDENT:**
**STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS:**
- **1 VINEESH R.S. S/O.RAJENDRAN, T.C.30/1453, KALPAKASSERRY VEEDU, PETTAH, VANCHIYOOR, THIRUVANANTHAPURAM-695001.**
- **2 SOBHANA**
- **D/O.THANKAMMA, T.C.30/1453, KALPAKASSERY VEEDU, PETTAH, VANCHIYOOR, THIRUVANANTHAPURAM-695001.**
**R2 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:8:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.55 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 340/2010 DATED 25-022014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REP. BY THE DISTRICT COLLECTOR,**|
||**THIRUVANANTHAPURAM**|
|**2**|**THE EXECUTIVE ENGINEER**|
||**PWD, ROAD DIVISION, THIRUVANANTHAPURAM.**|
**GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS:**
- **1 VINEESH, S/O.RAJENDRAN, T.C.30/1453, PETTAH, THIRUVANANTHAPURAM-695 024.**
- **2 G.MAHEENDRAN T.C.30/1452, KALPAKASERI VEEDU, PETTAH, THIRUVANANTHAPURAM-695 024.**
## **R1 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:9:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.165 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 381/2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2 THE EXECUTIVE ENGINEER PWD, ROADS DIVISION, THIRUVANANTHAPURAM**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN.**
## **RESPONDENT/CLAIMANT IN LAR:**
**L.LATHA D/O.LEELAMMA, LEELA VILAKAM, TC.NO.76/1094, BHAGATH SINGH ROAD, KAKKODU, PETTAH PO. , THIRUVANANTHAPURAM 695001**
**R1 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:10:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.181 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 337/2010 DATED 24-082013 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANT/RESPONDENT IN LAR:**
**STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM.**
**GOVERNMENT PLEADER SRI. T.K. SHAJAHAN.**
## **RESPONDENTS/CLAIMANTS IN LAR:**
***1 VINEESH R.S. S/O.RAJENDRAN,T.C.30/1453,KALPAKASSERRY VEEDU,PETTAH,VANCHIYOOR,THIRUVANANTHAPURAM695035.(DELETE D)**
***1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 3.2.2016 IN IA NO.204/2016 2 SHOBHANA BABU T.C.30/1453,KALPAKASSERRY,PETTAH,VANCHIYOOR,THI RUVANANTHAPURAM,-695035.**
****3 MAHENDRAN,T.C.30/1453,PETTAH, THIRUVANANTHAPURAM-695035.(DIED)**
**LAA 51/2014 & Con. Cases**
-:11:-
****ADDL. R4 IMPLEADED**
**4. RAMANI.V, W/O MAHENDRAN, T.C.30/1453, PETTAH, THIRUVANANTHAPURAM-695 024.**
**** Legal Heir of the deceased 3[rd] respondent is impleaded as Addl. R4 vide order dated 20.12.2016 in I.A. No.1312/2016.**
**R2 & R4 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:12:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.185 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 373/2010 DATED 30-07-2014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.**
## **APPELLANTS/RESPONDENTS IN LAR:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION,THIRUVANANTHAPURAM**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN.**
## **RESPONDENT/CLAIMANT IN LAR:**
**SOJA MAJEED D/O. SHAREEFA BEEVI, T.C 30/1468(1), KALPAKASSERY BUNGLOW,PETTAH, ANAYARA P.O, THIRUVANANTHAPURAM. PIN 695 029**
## **R1 BY ADV. SRI.LAL GEORGE**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:13:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.200 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 190/2010 DATED 23-062014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN.**
## **RESPONDENT/CLAIMANT IN LAR:**
**MARYKUTTY SEBASTIAN W/O.SEBASTIAN, TC 31/699, LITTLE FLOWER, PETTAH, THIRUVANANTHAPURAM-695024.**
## **R1 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:14:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
**LA.App..No.210 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 185/2010 DATED 24-082013 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANT/1ST RESPONDENT IN LAR :**
**STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN.**
## **RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN LAR:**
- **1 RAJANI C W/O MOHANAN, T.C.31/7/712(1), KATTIL VEEDU, PETTAH, THIRUVANANTHAPURAM PIN 695 024**
- **2 THE EXECUTIVE ENGINEER**
**PWD ROADS DIVISION, THIRUVANANTHAPURAM PIN 695 001**
**R1 BY ADV. SRI.BASANT BALAJI R2 BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
-:15:-
## **LAA 51/2014 & Con. Cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.225 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 383/2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR:**
**1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANTS IN LAR:**
- **1 VINEESH R.S. T.C.30/1453, KALPAKASSERRY VEEDU, PETTAH, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695035.**
- **2 DEEPA G.KUMAR W/O.SAJEEV THAMPY, T.C.29/119-9, GAYATHRI, NANDAVANATHU VEEDU, KAVARADY JUNCTION, PETTAH, THIRUVANANTHAPURAM-695001.**
- **3 THE BRANCH MANAGER UNION BANK OF INDIA, CHALAI BRANCH, THIRUVANANTHAPURAM-695001.**
**R2 BY ADV. SMT.M.HEMALATHA R3 BY SRI.A.S.P.KURUP, SC, UBI**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:16:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
**LA.App..No.228 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 183/2010 DATED 29-092014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT IN LAR :**
**SMT.N.SASIKALA D/O.N.NAGAMMAL, PLAMMOTTU VEEDU, PETTAH,THIRUVANANTHAPURAM - 695 001.**
**R1 BY ADV. SRI.V.N.MOHAN RAJ R1 BY ADV. SMT.RESHMA ABDUL RASHEED R1 BY ADV. SRI.SHABU SREEDHARAN R1 BY ADV. SRI.K.P.UNNIKRISHNAN ELOOR R1 BY ADV. SRI.S.VIJAYAN**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
**LA.App..No.229 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 374/2010 DATED 10-072014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR :**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS IN LAR:**
**1 VINEESH.R.S S/O.RAJENDRAN, T.C. 30/1453, KALPAKASERRY VEEDU,PETTAH, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM695 035. 2 REJENDRAN T.C. 30/1453, KALPAKASERRY VEEDU, PETTAH,VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM695 035.**
**R1-2 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:18:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
**LA.App..No.291 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 375/2010 DATED 30-072014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION), THIRUVANANTHAPURAM.**
**BY**
**GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT:**
**SOJA MAJEED D/O.SHAREEFA BEEVI, T.C.NO.30/1468(1), KALPAKASSERY BUNGLOW, PETTAH, THIRUVANANTHAPURAM**
**R1 BY ADV. SRI.LAL GEORGE**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.302 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 186/2010 DATED 30-082014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY THE DISTRICT**|
||**COLLECTOR,THIRUVANANTHAPURAM.**|
|**2**|**THE EXECUTIVE ENGINEER**|
||**PUBLIC WORKS DEPARTMENT,THIRUVANANTHAPURAM.**|
||**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**|
## **RESPONDENTS/CLAIMANTS:**
|**1**|**SIVANI**|
|---|---|
||**D/O.KRISHNAN(DIED),T.C.30/599,KATTIL**|
||**HOUSE,PETTAH, THIRUVANANTHAPURAM-695024.**|
|**2**|**DR.P.GOPINATH**|
||**T.C.30/599,KATTIL**|
||**HOUSE,PETTAH,THIRUVANANTHAPURAM-695024.**|
|**3**|**ANITHA SAJEEV KRISHNAN**|
||**D/O.P.GOPINATH,T.C.NO.30/599,KATTIL**|
||**HOUSE,PETTAH, THIRUVANANTHAPURAM-695024.**|
## **LAA 51/2014 & Con. Cases**
## -:20:-
|**4**|**RANI.S.GOPINATH**|
|---|---|
||**T.C.30/599,KATTIL**|
||**HOUSE,PETTAH,THIRUVANANTHAPURAM-695024.**|
|**5**|**DR.ANUPAMA.S.GOPINATH**|
||**T.C.30/599,KATTIL**|
||**HOUSE,PETTAH,THIRUVANANTHAPURAM-695024.**|
||**R2 to R4 BY ADV. SRI.J.HARIKUMAR**|
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
-:21:-
## **LAA 51/2014 & Con. Cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.383 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 184/2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR:**
**1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS IN LAR:**
- **1 APPU CHETTIYAR TC 30/350, 'DEEPTHI', KALLUMMOODU, ANAYARA, THIRUVANANTHAPURAM.**
- **2 JITHISH PREM TC 30/350, 'DEEPTHI', KALLUMMOODU, ANAYARA, THIRUVANANTHAPURAM.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:22:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.482 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 339/2010 DATED 30-082014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS 1ST, 2ND & 3RD IN LAR:**
- **1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695005**
- **2 THE DEPUTY COLLECTOR(LA), ADDITIONAL LA UNIT, CIVIL STATION, KUDAPANAKKUNNU, THIRUVANANTHAPURAM 695005**
- **3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD DIVISION), THIRUVANANTHAPURAM 695005**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT 1ST IN LAR:**
**JOY ANTHARJANAM, CHANDRA VILAS, TC 30/1451, PATHIRIKKARI MURI, PETTAH, THIRUVANANTHAPURAM-695024.**
**R1 BY ADV. SRI.D.GANESH KUMAR**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:23:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.552 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR 367/2010 DATED 31-072014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR :**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
- **2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY**
**GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT IN LAR :**
**JALAJA DWARAKA BHAVAN, T.C.6/05, ANAYARA P.O., PETTAH, THIRUVANANTHAPURAM.**
## **R1 BY ADV. SMT.M.HEMALATHA**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:24:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
## **LA.App..No.52 OF 2016**
**AGAINST THE JUDGMENT & DECREE IN LAR 366/2010 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS:**
|**1**|**STATE OF KERALA, REPRESENTED BY THE DISTRICT**|
|---|---|
||**COLLECTOR, THIRUVANANTHAPURAM**|
|**2**|**THE EXECUTIVE ENGINEER**|
||**PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM**|
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS:**
**1 K.GANESAN, S/O.KRISHNAN, PANAKUDI VEEDU, PATHIRAKKARI MURI, PETTA, THIRUVANANTHAPURAM 695 024 2 BEENA RANI D/O. SANTHAMMA, PANAKUDI VEEDU, PATHIRAKKARI MURI, PETTA, THIRUVANANTHAPURAM 695 024 R1-R2 BY ADVS. SRI. R.S. KALKURA, SMT.P.ANJANA ADV. SRI.HARISH GOPINATH ADV. SRI.M.S.KALESH ADV. SRI.P.M.UNNI NAMBOODIRI**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:25:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
**LA.App..No.205 OF 2016**
**AGAINST THE JUDGMENT & DECREE IN LAR 336/2010 DATED 21-082014 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.**
## **APPELLANTS/RESPONDENTS IN LAR:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM**
- **2 THE EXECUTIVE ENGINEER PWD, ROADS DIVISION, THIRUVANANTHAPURAM**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENT/CLAIMANT IN LAR:**
**BIJU MON.R.S S/O RANGANATHAN CHETTIYAR, T.C.31/1431, PANAKUDI VEEDU, PATHIRIKKARI MURI, PETTAH P.O, THIRUVANANTHAPURAM-695024**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH LA.App..51/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**LAA 51/2014 & Con. Cases**
-:26:-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &**
**THE HONOURABLE MRS. JUSTICE SHIRCY V.**
**WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940**
**LA.App..No.255 OF 2016**
**AGAINST THE JUDGMENT & DECREE IN LAR 384/2010 DATED 30-06-2015 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM**
## **APPELLANTS/RESPONDENTS IN LAR:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
- **2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM.**
**BY GOVERNMENT PLEADER SRI. T.K. SHAJAHAN**
## **RESPONDENTS/CLAIMANTS IN LAR:**
- **1 VASANTHA KANIYAPURATH PUTHEN VEEDU, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM-695 302.**
- **2 MOHAN**
**KANIYAPURATH PUTHEN VEEDU, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM-695 302.**
- **3 HEMALATHA,**
**KANIYAPURATH PUTHEN VEEDU, KADINAMKULAM VILLAGE,THIRUVANANTHAPURAM-695 302.**
-:27:-
## **LAA 51/2014 & Con. Cases**
- **4 MANIYAN THANKOM**
**KANIYAPURATH PUTHEN VEEDU, KADINAMKULAM VILLAGE,THIRUVANANTHAPURAM-695 302.**
- **5 KUTTAPPAN, KANIYAPURATH PUTHEN VEEDU, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM-695 302.**
- **6 MANOJ KUMAR KANIYAPURATH PUTHEN VEEDU, KADINAMKULAM VILLAGE,THIRUVANANTHAPURAM-695 302.**
- **7 SANKAR RAM R. PUTHEN VEEDU, T.C.30/564, MUNNAM MANAKKAL, PETTAH P.O., THIRUVANANTHAPURAM-695 024.**
- **R7 BY ADV. SRI.V.SURESH BY ADV. SRI.G.SUDHEER**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13.06.2018, ALONG WITH L.A.APP. No.717/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
## **LAA 51/2014 & Con. Cases**
-:28:-
**C.K. ABDUL REHIM, & SHIRCY V, JJ. ------------------------------------------------------------------------L.A.A. Nos. 51, 717, 825, 876 & 896 OF 2014, L.A.A. Nos. 2, 12, 55, 165, 181, 185, 200, 210, 225 228, 229, 291, 302, 383, 482 & 552 OF 2015 And L.A.A. Nos. 52, 205 & 255 OF 2016 --------------------------------------------------------------------------** _Dated this the 13[th] day of June, 2018_
## **C O M M O N J U D G M E N T**
## _**Abdul Rehim, J.**_
The above appeals are instituted by the State, challenging the judgments of the Sub Court, Thiruvananthapuram in various land acquisition reference cases, pertaining to one and the same acquisition. Hence all the appeals are considered together and disposed of through this common judgment. The purpose of acquisition was for widening of Pettah - Anayara road, construction of Railway Over Bridge therein and approach
## **LAA 51/2014 & Con. Cases**
**==> picture [28 x 9] intentionally omitted <==**
roads. The notification under Section 4(1) of the Land Acquisition Act was published on 20.09.2008, except in LAA 51/2014[LAR No.563/2008], in which the notification was published on 04.02.2004. The case which was decided by the reference court at the first instance is LAR No.563/2008, from which LAA No.51/2014 arose. In the said case, the Land Acquisition Officer had fixed the land value at the rate of `1,89,367/- per Are. The reference court had placed reliance on Ext.A3 judgment marked in that case, for awarding enhancement of compensation, which is a common judgment passed by the Sub Court in LAR No.179/2005, 317/2005 and 318/2005, dated 23[rd] August, 2007. The acquisition in those cases was for the purpose of widening of Bakery - Palayam Airport road by TRIDA. But it was noticed that the acquisition was pursuant to a notification published on 20.02.2004, which was only after 16 days of the notification in LAR No.563/2008. In the common judgment in LAR No.179/2005 and connected
## **LAA 51/2014 & Con. Cases**
-:30:-
cases, the reference court had relied upon another judgment in LAR No.219/1998, which was with respect to an acquisition near the Over Bridge in Thiruvananthapuram city. The reference court in LAR No.179/2003 and connected cases found that, the land acquired in LAR No.219/98 and the acquired properties in LAR 179/2003 are situated at equally important places. Therefore the land value was refixed in LAR No.179/2005 at `17,31,306/- per Are.
2. In the judgment in LAR No.563/2008, the reference court found that Section 4(1) notification in the common judgment in LAR No.179/2005 and connected cases is dated 20.02.2004 and the acquisition is for the same purpose. Therefore, the value shown in that common judgment was adopted and the land value was refixed at `17,31,306/- per Are. It is evident that, in all other reference cases, which are the subject matter of appeals herein, the reference court had placed reliance on the judgment in LAR No.563/2008. With reference
## **LAA 51/2014 & Con. Cases**
-:31:-
to those acquisitions which were based on Section 4(1) notification published on 20.09.2008, the reference court had granted 45% increase from the value fixed in LAR No.563/2008, considering the time gap of more than 4½ years between the two notifications. Accordingly, in all other cases the land value was refixed by increasing the amount of `17,31,306/- by 45%. Accordingly, the land value in the other cases were refixed at `25,10,394/- per Are.
3. Learned Government Pleader appearing for the appellant contended that, the reliance placed by the reference court in the judgment in LAR No.563/2008 and on the common judgment passed in LAR No.179/2005 and connected cases, is not legal and proper. But, we notice that the acquisition in LAR No.179/2005 and connected cases was also within the city limits of Thiruvananthapuram. The date of acquisition in both the cases are at the same time. The court below had considered comparability of the land value of acquired
**LAA 51/2014 & Con. Cases**
-:32:-
properties in both the cases and had arrived at a conclusion that the land in both the cases are situated in an equally important locality. Therefore, we do not find any reason to interfere with the conclusions arrived by the reference court in granting the same value as that was given in LAR No.179/2005 and connected cases.
4. It is pointed out by the learned Government Pleader that, the common judgment passed by the reference court in LAR No.179/2005 and connected cases was subjected to challenge before this court in Land Acquisition Appeals filed against the judgment in LAR No.318/2005[LAA 605/2010] and the value refixed by the reference court was reduced to `14,50,000/- per Are. But, the counsel appearing for the respondents/claimants in some of the cases pointed out that, LAA 605/2010 was instituted against the judgment in LAR No.318/2005, in which the reference court itself had fixed the compensation only at `15,00,000/- per Are, for the reason that
## **LAA 51/2014 & Con. Cases**
-:33:-
the property covered under that case is situated in a less important area when compared to the acquired properties in LAR No.179/2005. Learned counsel for the respondents/ claimants have pointed out that, in the appeal filed by the State against refixation of land value in LAR No.179/2005, this Court had passed a judgment in LAA No.467/2008, on 24.05.2010, in which the land value was reduced and refixed only at `16,16,000/-. A photocopy of the certified copy of the judgment in LAA No.467/2008 was placed for our perusal. It remains trite through various precedents of the hon'ble Supreme Court that, the reference court in deciding land value should adopt the highest value among the exemplars, reflecting comparable sale instances. Therefore, we are of the opinion that the land value finally fixed in LAR No.179/2005 can be adopted as basis for fixing the value in LAR No.563/2008. Accordingly, we are inclined to interfere with the judgment impugned in LAA No.51/2014(LAR 563/2008] and reduce the land value to
## **LAA 51/2014 & Con. Cases**
-:34:-
`16,16,000/- per Are. With respect to the remaining cases, the reference court had granted an increase of 45% from the value awarded in LAR No.563/2008, considering the time gap of four years and seven months with respect to the date of notification.
5. Learned counsel appearing for various respondents/claimants have drawn our attention to the judgment of the Hon'ble Supreme Court in _**General Manager, Oil & Natural Gas Corporation Ltd. v. Rameshbhai Jivanbhai Patel & Another [(2008) 14 SCC 745]** ._ It is held therein that, reasonable and appropriate rate of annual escalation over the relied on evidential transactions of market value need to be allowed. It was stipulated that, such escalation in market value in urban/semi urban areas should be between 10% to 15% per annum and the corresponding increase in rural areas should be in between 5% to 7.5.% per annum. It was held in the said decision as well as in the subsequent decision of the Apex Court in _**Haryana State Industrial Development**_
## **LAA 51/2014 & Con. Cases**
-:35:-
_**Corporation Ltd. v. Udal[AIR 2013 SC 3111]**_ that, the appropriate method is to calculate the yearly increase cumulatively and not by applying a flat rate. Following the above principle, a Division Bench of this Court in _**Kunjeliayamma Kuryan v. State of Kerala[2017(1) KHC 111]**_
observed that, the method of calculation which should be followed is in the nature of cumulative increase, adding the percentage of increase for each year on cumulative basis. Placing reliance on the above quoted decisions, learned counsel for the respondents/claimants argued that the acquired
properties being situated within the limits of Thiruvananthapuram city, the escalation rate to be adopted is nothing less than 15%, on cumulative basis. The above contention is stiffly opposed by the learned Government Pleader appearing for the appellant by contending that there is no reason to deviate from the method of 45% flat rate adopted by the reference court for granting increase based on the time
## **LAA 51/2014 & Con. Cases**
## -:36:-
gap between the notifications.
6. We take note of the fact that the acquired properties in these cases are situated at Pettah which is a most important commercial area in Thiruvananthapuram city. The acquisition was in the year 2008 when the market value was steeply increasing. Therefore, we are of the opinion that a reasonable increase on annual basis with cumulative effect has to be awarded from the value fixed by this court in LAA No.467/2008; i.e. Rs.16,16,000/- per Are. We notice that the land value refixed by the reference court in all these cases except in LAA No.51/2014 is @ of Rs.25,10,394/- per Are. If a cumulative escalation from the value of Rs.16,16,000/- is computed for the period of 4 ½ years, even at the rate of 12% per annum, it would work out to an amount of more than Rs.25,10,394/-, which is the amount awarded by the reference court. Therefore we find no merit to interfere with the impugned judgment in all other cases except in LAA No.51/2014.
**LAA 51/2014 & Con. Cases**
-:37:-
7. In the result the above appeals are disposed of as follows:
(i) LAA No.51/2014 (LAR No.563/2008) is allowed in part reducing the land value refixed by the reference court to Rs.16,16,000/- per Are. Needless to observe that the claimants in that case will be entitled for all statutory benefits allowed by the reference court on the refixed land value.
(ii) All other appeals except LAA No.51/2014, are hereby dismissed.
All pending interim applications in these cases are closed.
## **SD/- C.K. ABDUL REHIM, JUDGE** .
## **SD/- SHIRCY V., JUDGE** .
**ul/-AMG**