Kerala High Court
Kerala State Represented By vs Lekshmi Amma Kutty Amma on 22 January, 2010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935
LA.App..No. 89 of 2013
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AGAINST THE ORDER/JUDGMENT IN LAR 52/2006 of ADDL.SUB
COURT,KOLLAM DATED 22-01-2010
APPELLANT/RESPONDENT IN L.A.R.:
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KERALA STATE REPRESENTED BY
DISTRICT COLLECTOR, KOLLAM.
BY ADV. GOVERNMENT PLEADER SRI JIBU P. THOMAS
RESPONDENT(S:
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LEKSHMI AMMA KUTTY AMMA, MADATHILAZHIKKATHU VEEDU,
SOORANAD SOUTH, KOLLAM, PIN: 690 522. (NAME OF
RESPONDENT STRUCK OUT AND NEW NAME ADDED)
OMANA AMMA, MADATHILAZHIKATHU VEEDU,
SOORANADU SOUTH, KOLLAM.
NAME OF THE RESPONDENT STRUCK OUT AND INSTEAD ADDED AS ABOVE
VIDE ORDER DATED 7.3.14 IN IA NO. 372/20104 IN LAA 89/2013.
R1 BY ADV. SRI.B.SURESH KUMAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD
ON 07-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BABU MATHEW P. JOSEPH, J.
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L.A.A. No. 89 of 2013
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Dated this the 7th day of March, 2014
JUDGMENT
The short question to be considered and answered in this appeal is as to whether the first respondent is entitled to 12% additional increase on the land value as per Section 23 (1A) of the Land Acquisition (Amendment)Act, 1984 (for short, the Act) or not.
2. Heard the learned Government Pleader appearing for the appellant and the learned counsel appearing for the respondent.
3. Learned Government Pleader submits that certain lands belonging to the respondent were acquired for the Kallada Irrigation Project and the Land Acquisition Officer has passed the award. Thereafter, at the instance of the LAA No. 89 of 2013 2 respondent, the matter has been referred to the Reference Court. The Reference Court did not grant any enhancement of land value. But, following Section 23(1A) of the Act, the Reference Court awarded 12% additional increase on the land value, and other benefits accordingly. This is illegal. L.A.R. No.50 of 2006 was also considered along with L.A.R.No.52 of 2006 of the claimant/respondent and similar order has been passed in that L.A.R. as well. Against the judgment and decree in L.A.R.No.50 of 2006, the appellant preferred L.A.A.No.34 of 2011 before this Court. This Court found in that case as follows:
"4. In the reference case, award was passed as early as on 21.9.1980. Therefore, the provisions of Section 23(1A) is not extended to those cases in which award has been passed before 30.4.1982. Therefore, the grant of 12% additional increase of land value by the reference court is illegal."
LAA No. 89 of 2013 3 In the appeal on hand, the Land Acquisition Officer has passed the award on 28.10.1980 i.e. before 30.4.1982. Therefore, the finding entered by this Court in L.A.A.No.34 of 2011 applies to this case as well.
4. In the result, this appeal is allowed. The impugned award passed by the court below is set aside. The claimant is not entitled to the benefit under Section 23(1A) of the Act and the statutory interest for the said benefit. No order as to costs.
Sd/-
BABU MATHEW P. JOSEPH JUDGE ks.
True copy P.S.to Judge LAA No. 89 of 2013 4