The court re-fixed the land value at Rs. 35,000 per cent by comparing the property with another in the same commercial locality and awarded 30% enhancement for structures. The appeal by the State was dismissed.
Land value re-fixed at Rs. 35,000 per cent; 30% additional compensation granted for structures.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, 11TH FEBRUARY 2008 /22ND MAGHA 1929 LA.App..No. 12 of 2005() -----------------------LAR.452/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT: -----------
KARUVATH GOPIKRISHNAN, S/O.LATE GOVINDAN, AGED 66 YEARS, `GOVINDA BHAVAN', YOGASALA ROAD, TALAP, KANNUR. BY ADV. SRI.P.M.PAREETH SMT.M.SONA
RESPONDENTS: -------------
BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2008, ALONG WITH L.A.A. 1384 OF 2005 THE COURT ON 11-02-2008 DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No. 12 & 1384 of 2005
Dated this the 11th day of February 2008
JUDGMENT
Harun-Ul-Rashid,J
The above appeals are filed by the claimant and State of Kerala respectively challenging the judgment and decree dated 30-6-2004 in L.A.R. 452/2001 on the file of the Sub court Thalassery. The property was acquired for the purpose of doubling of railway track for the Railways. Section 4(1) notification was dated 25-05-2000. The extent of land acquired for the said purpose is 14.34 Ares in Kannur village. The Land Acquisition officer awarded land value at the rate of Rs.16,000/- per Cent. On reference, the court below re-fixed the land value at the rate of Rs. 28,000/- per Cent. Aggrieved by the quantum of compensation fixed by the court below L.A.A. 1384/2005 was filed by the State of Kerala complaining that the enhancement allowed in excessive and exorbitant. The claimant has also challenged the quantum of compensation. The claimant examined himself as AW1 and produced documents marked as Exts. A1 to A38. Ext.X1 report of the Commissioner was also marked. There was no evidence adduced by the respondents. The Commissioner reported that the acquired property is situated at a distance of 200 meters away from the Kannur Municipal bus stand, that the Telephone Exchange, Municipal Stadium Complex, Municipal Office, District Co-operative bank,
L.A.A. Nos. 12 & 1384 of 2005 -2-
Court complex , Kannur Collectorate , K.S.R.T.C. Bus stand, Town hall, Civil Station etc. are situated within a radius of 1 kilometer away from the acquired property and that there were many shops situated within a radius of 10 meters of the acquired property. Before the Reference court the claimant claimed that the compensation awarded by the Land Acquisition Officer is very low considering the market value prevailing in the area. According to him, the market value of 1 Cent of land in this area at the time of notification was more than Rs. 3,00,000/- The Commissioner had inspected the basic land as well as the property covered by documents Exts A3 to A38 and reported that there properties are similar.
L.A.A. Nos. 12 & 1384 of 2005 -3-
same time we have also noted the fact that the properties are situated in a commercially important locality in Kannur town. The evidence shows that the property is situated near to the heart of the Kannur Town and very near to the Municipal Bus stand, Railway station and that important buildings and office complexes are within a radius of 1 kilometer from the acquired land.
L.A.A. Nos. 12 & 1384 of 2005 -4-
In the result, L.A.A. 12/2005 is partly allowed. The Land value is refixed at the rate of Rs. 35,000/- per Cent . The claimant is also entitled to 30% over and above the value fixed by the Land Acquisition officer for the structures in the property. L.A.A 1384/ 2005 filed by the State is dismissed. There will be no order as to costs.
KURIAN JOSEPH, JUDGE
HARUN-UL-RASHID, JUDGE
es
2 issues framed by the court
Whether the market value of the acquired land situated in the heart of Kannur town should be enhanced considering its location.
Whether compensation for structures should be enhanced by 30% over the value fixed by the Land Acquisition Officer.
1 provisions across 1 enactments
KARUVATH GOPIKRISHNAN
STATE OF KERALA
THE SPL. TAHSILDAR, LA, RAILWAY, KANNUR
DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
