Partly allowed

State of Kerala v. Sumathi

Kerala HC7 Feb 2008LA.App./174/2004

Case brief

AI extract

What is this about?

Appealing against decrees in land acquisition cases for pipeline construction. Court found original compensation excessive compared to foundation land but insufficient given current location and development potential. Awarded enhanced compensation at 50% increase over officer's rate for most cases.

What did the court decide?

Land value refixed at Rs.35,000 for LAR 400/00; 50% enhancement over officer's rate allowed for other cases with interest from 19.9.2001.

State of Kerala Vs Sumathi — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &

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THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929

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LA.App..No. 174 of 2004() ------------------------LAR.429/2000 of PRL.SUB COURT, KOZHIKODE

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APPELLANT: RESPONDENT

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STATE OF KERALA

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BY GOVERNMENT PLEADER SHRI K.V.MANOJ KUMAR

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RESPONDENT: CLAIMANT

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SUMATHI, PAYYATHOTTATHIL, W/O.LATE P.SAHADEVAN, BHOOVANA, CHEVAYUR.

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ADV. SRI.M.GOPIKRISHNAN NAMBIAR

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, ALONG WITH LAA NO.418/04 & CONNECTED CASES, THE COURT ON 07.02.08 DELIVERED THE FOLLOWING:

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ORDER ON I.A.No.859/04 IN LAA.174/04

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//DISMISSED//

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07.02.2008 SD/= (KURIAN JOSEPH, JUDGE) SD/= (HARUN-UL-RASHID, JUDGE.)

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KURIAN JOSEPH & HARUN- UL-RASHID,JJ.

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L.A.A.NOs.174/04, 418/04, 245/05, 322/05, 365/05 & 1089/05

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-------------------------------------------------------------DATED THIS THE 7^th DAY OF FEBRUARY, 2008

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J U D G M E N T

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HARUN-UL-RASHID, J.

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All the above appeals except L.A.A.No.322/05 are filed by the State of Kerala challenging the decrees and common judgments in L.A.R.Nos.400/00, 403/00, 404/00, 427/00 and 429/00. L.A.A.No.322/05 is filed by the second respondent in LA.R.No.427/00, viz; the Kerala Water Authority. These six reference cases are relating to the acquisition of lands in Chevayur Village, Kozhikode Taluk for the purpose of laying pipe line (Calicut Water Supply Scheme). The Land Acquisition Officer fixed the land value at Rs.20,887/- per cent. Section 4(1) notification was finally published on 28.5.1998. The evidence in this case consists of the oral evidence of AW1 the claimant in L.A.R.No.403/00 and Exhibits A1 and A2 on their side. The respondent was examined as RW1 and Exhibit B1 and B2 were marked on his side. Commissioner's report is marked as Exhibit c1. The court below in paragraph 11 of the judgments discussed

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LAA.NOs.174/04, 418/04, 245/05, 322/05, 365/05 & 1089/05

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the comparability and similarity of the acquired lands with Exhibit B2 basis land. The basis document is dt.4.1.1996. The said land is situated 50 meters away from Chevayur Junction abutting Calicut Medical College – Mavoor Road. The court below had taken note of the fact that this road is one of the biggest road of Kozhikode city with a heavy vehicular traffic and that the location

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of the basis land is ideal for building construction and has got great potential value. It has come out in evidence that the Calicut Medical College and various other institutions are also situated nearby and therefore the court below held that the basis land is also as much important as the acquired lands. In Exhibit C1 commission report also the Commissioner noted that the basis land is lying 25 meters away from Chevayur Junction and it is abutting main road and is situated very near to Calicut Medical College.

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Exhibits A1 sale deed and A2 certified copy of the judgment in L.A.R.No.550/97 were produced and cited by the claimants in support of their claim for enhanced land value. Exhibit A2 was not relied on for the reason that the said

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LAA.NOs.174/04, 418/04, 245/05, 322/05, 365/05 & 1089/05

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acquisition is not for the purpose of acquisition of these lands but for a different purpose. The claimants contended that the acquired land is similar to A1 land. The court below after finding that the acquired lands are similar and similarly situated as that of the basis lands awarded land value @ Rs.40,000/= per cent for all the cases except L.A.R.No.400/00. In L.A.R.No.400/00, the centage value was fixed at Rs.45,000/= per cent taking into account the fact that the property in that case is lying very near to Calicut -Wynad Road.

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The centage value awarded by the Land Acquisition Officer for the land is Rs.20,985/- per cent. No reasons are stated by the court below for granting almost 100 percentage increase than the basis land over and above the value of basis land. The learned Government Pleader submitted before us that the rate of enhancement granted is excessive and exorbitant, in the light of the finding that the acquired lands and basis land are similar and similarly situated and there is no justification for granting land value at the rate of Rs.40,000/- per cent in five cases and Rs.45,000/= per cent in L.A.R.No.400/00. We find

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LAA.NOs.174/04, 418/04, 245/05, 322/05, 365/05 & 1089/05

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much force in the contention raised by the learned Government Pleader.

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We have noticed the fact that the basis document is dt.4.1.1996 and section 4(1) notification in this case was published on 28.5.1998. There is a time lag of two years and about five months. We have noticed the fact that the acquired properties are situated abutting the Calicut -Wynad-Mysore Road in the heart of Paropady Bazar, just opposite to St.Antony's Church, that this Bazar is a tri-junction and meeting point of Calicut-Wynad and Kannadikkal-Chevarambalam Road. The property is having road frontage and facilities like electricity, telephone exchange, drinking water, day and night bus service, proximity to Calicut town and nearness to important institutions noted in the judgment under appeal. We have also noticed the fact that the acquired lands are fit for construction of commercial establishments and shopping complex. Taking into account all these factors we are of the view that in addition to the rate fixed by the Land acquisition Officer, viz; Rs,20,895/= per cent, the respondents/ claimants are entitled to 50% over and above the

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LAA.NOs.174/04, 418/04, 245/05, 322/05, 365/05 & 1089/05

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said land value. In all the cases except L.A.R.No.400/00 (L.A.A.No.245/05), we refix the land value at Rs.35,000/= per cent.

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In the result, the appeals are partly allowed. The claimants in L.A.R.Nos.403/00, 404/00, 427/00 and 429/00 are entitled to land value refixed @ Rs.50% over and above the land value fixed by the Land Acquisition Officer. The land value in L.A.R.No.400/00 is refixed at Rs.35,000/= per cent. The claimants in all the cases are entitled to all eligible statutory benefits. The claimants are also entitled to interest on solatium from 19.9.2001. The compensation amount already received by the claimants will be deducted from the refixed land value. The parties shall bear their respective costs.

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KURIAN JOSEPH, JUDGE.

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HARUN- UL-RASHID,JUDGE.

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dsn

State of Kerala v. Sumathi

Case brief

What is this about?

What did the court decide?

State of Kerala v. Sumathi

Case brief

What is this about?

What did the court decide?

What the court decided

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