LA.APP.NO.292/201 8&CO 81/2019 1 2025:KER:24567 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 LA.APP. NO. 292 OF 2018 ARISING OUT OF THE JUDGMENT DATED 27.02.2015 IN LAR NO.34 OF 2013 OF IIND ADDITIONAL SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM APPELLANT/CLAIMANT: S.SUDHA D/O.SAROJINI, ARCHANA, T.C. 30/221, ANAYARA P.O., KALLUMMOODE, THIRUVANANTHAPURAM. BY ADVS. R.S.KALKURA M.S.KALESH HARISH GOPINATH R.BINDU P.ANJANA RESPONDENTS/RESPONDENTS: 1 DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043 2 THE EXECUTIVE ENGINEER PWD DIVISION, THIRUVANANTHAPURAM 695033 BY ADV. SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER, R1 & R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10.03.2025, ALONG WITH CO.81/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP.NO.292/201 8&CO 81/2019 2 2025:KER:24567 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 CO NO. 81 OF 2019 ARISING OUT OF THE JUDGMENT DATED 27.02.2015 IN LAR NO.34/2012 OF IIND ADDITIONAL SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM CROSS OBJECTORS/RESPONDENTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT(ROADS DIVISION), THIRUVANANTHAPURAM 695003 BY ADV. SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER RESPONDENT/APPELLANT/CLAIMANT IN LAR: S.SUDHA D/O.SAROJINI, ARCHANA, T.C.30/221,ANAYARA P.O, KALLUMMOODE, THIRUVANANTHAPURAM BY ADV. R.S.KALKURA THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 10.03.2025, ALONG WITH LA.App..292/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP.NO.292/201 8&CO 81/2019 3 2025:KER:24567 COMMON JUDGMENT Dated this the 10th day of March, 2025 This appeal is filed challenging the judgment dated 27.02.2015 in L.A.R.No.34 of 2013 of the IInd Additional Subordinate Judge's Court, Thiruvananthapuram. Appellant is the claimant in the said L.A.R. 2. An extent of 0.65 Ares of land comprised in Sy.No.167/9 (LA Re-Sy.No.167/18) situated in Cheruvaikkal Village of Thiruvananthapuram Taluk belonging to the claimant, was acquired for widening the Ulloor - Akkulam - Kuzhivila road. Section 4(1) notification was published on 12.12.2007. Land Acquisition Officer (L.A.O.) passed the award on 07.04.2011 fixing the land value at Rs.2,26,792/- per Are. The land was taken possession of on 10.06.2011. In the reference that followed at the instance of the claimant, the reference court enhanced the land value to Rs.24,17,100/- per Are. This appeal is filed by the claimant contending that this Court had in appeals arising from similar acquisitions regarding property falling in the same category as acquired land, fixed land value at the rate of Rs.32,90,000/- per Are. LA.APP.NO.292/201 8&CO 81/2019 4 2025:KER:24567 3. The State has filed a cross objection, inter alia, contending that the reference court refixed the land value without any proper and reliable basis and that the enhancement granted is on the higher side. The cross objection thus seeks the judgment and decree to be set aside. 4. Heard Sri.R.S.Kalkura, Advocate for the appellant and Smt.Rekha C.Nair, learned Senior Government Pleader for the respondents. 5. It is brought to my notice that this Court had in L.A.A.No.351 of 2017 rendered a judgment dated 22.11.2024 with respect to the very same acquisition under the same Section 4 (1) notification and had fixed the land value at Rs.30,18,413/- per Are. It is submitted by the learned counsel for the appellant that the same land value ought to be fixed for the lands acquired from the appellant too since the properties are situated in the same village and had been acquired for the same purpose under the very same notification. 6. I have perused a copy of the judgment in L.A.A.No.351 of 2017 dated 22.11.2024. I find that lands acquired from the claimant are situated in the same village and had been acquired for the same LA.APP.NO.292/201 8&CO 81/2019 5 2025:KER:24567 purpose under the very same notification. The claimant is hence entitled to the same land value as re-fixed by this Court in the said L.A.A. 7. Accordingly, this L.A.A. is disposed of holding that the claimant shall be entitled to a land value of Rs.30,18,413/- per Are commensurate to the land acquired from her. She shall also be entitled to all statutory benefits in accordance with law. However, she shall not be entitled to interest for the period of 1143 days which is the delay that had occasioned in filing the appeal. Following the dictum as laid down by the Hon’ble Supreme Court in Amanullah Khan v. State of Haryana and another [(2022) SCC OnLine SC 1184], the appellant/claimant will not be entitled to any statutory benefits on the enhanced amount of compensation either for the said period of delay. In view of the above, nothing survives in the cross objection and the same is closed. Sd/- SYAM KUMAR V.M. JUDGE csl