Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 12612

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI, PAINAVU, KUYILIMALA – Appellant
Versus
PRESIDENT, JAWAHAR MEMORIAL PUBLIC LIBRARY AND RECREATION CLUB, CHITTOOR, MANAKKAD, PUTHUPARIYARAM P.O., THODUPUZHA, PIN – 685584 – Respondent
LA.APP. NO. 465 OF 2022 | LAR NO.30 OF 2014

Advocates:
For the Appellants/Petitioners: Smt.Rekha C. Nair, Sr. GP
For the Respondents: Adv.Ashwin P

The court overturned the earlier compensation judgment, directing fresh consideration in line with previous rulings.

Headnote:The appeal, under the Land Acquisition Act, was filed by the State challenging the decree from the Sub Court regarding compensation for land acquisition dated 29.08.2017. The land, acquired for road widening, was dissatisfied by the respondent's compensation. The Reference Court’s judgment in LAR No.30 was overturned based on similar prior cases’ judgments. The court sets aside the current judgment, directing fresh consideration of compensation, emphasizing timely resolution due to the acquisition being in 2010.

Table of Content
1. appeal filed regarding compensation for land acquisition. (Para 1)
2. notice issued, representation by counsel. (Para 2)
3. court's direction based on prior judgments. (Para 3 , 4)
4. final decision: case remitted for fresh consideration. (Para 5)

JUDGMENT

This appeal is filed by the State aggrieved by the judgment and decree passed by Sub Court, Thodupuzha in LAR No.30 of 2014. The property involved in this case was acquired pursuant to a notification issued under Section 4 (1) of the Land Acquisition Act on 03.03.2010 for the purpose of widening of Thodupuzha – Ramamangalam Road (Reach 2). Dissatisfied with the compensation awarded by the Land Acquisition Officer, the respondent approached the Sub Court, Thodupuzha. The learned Sub Judge fixed the value of the property on the basis of the land value fixed in LAR 83/2014. The judgment in LAR No.83 of 2014 was set aside by this Court in an appeal filed against the same by the Government. The matter was remitted to the Reference Court for the reason that the Reference Court had relied on a post notification transaction to fix the market value of the property.

` 2. Notice was issued to the respondent and they have entered appearance through the learned counsel, Sri.Ashwin P..

3. Heard the learned Senior Government Pleader and the learned counsel for the respondent. Perused the impugned judgment and decree as well as the relevant records.

5. Accordingly, following the judgment in LAA No.36 of 2016 and connected matters dated 09.07.2019, the impugned judgment and decree are set aside. The matter is remitted to the Reference Court for fresh consideration. As the acquisition was in the year 2010, the learned Sub Judge shall endeavour to dispose the matter at the earliest.

This appeal is disposed of as above.

Sd/-

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