In this land acquisition appeal, the Kerala High Court allowed the appeal and re-fixed the market value of the acquired property at Rs. 10,756 per Are, deeming it a better guess than the reference court's award, based on the available oral evidence of a witness.
The market value of the acquired property is re-fixed at Rs. 10,756/- per Are.
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 PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931
LA.App..No. 373 of 2004() ------------------------LAR.23/2001 of PRINCIPAL SUB COURT,ALAPPUZHA ....................
APPELLANT(S): ADDITIONAL 2ND RESPONDENT
INLAND WATERWAYS AUTHORITY OF INDIA PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-682018, REPRESENTED BY ITS DIRECTOR.
BY ADV. SRI.V.SANTHARAM, SC, IWAI
RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT
R2 BY GOVT. PLEADER SRI.BIJOY CHANDRAN DR.V.N.SANKARJEE FOR R1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ.
LAA. No. 373 OF 2004
Dated this the 1st day of July, 2009
J U D G M E N T
Pius C.Kuriakose, J.
This is an appeal by the requisitioning authority and the acquisition was pursuant to section 4(1) notification published on 30-9-1999. The L.A. Officer awarded land value at the rate of Rs.5122/- per Are, which was enhanced by the reference court to Rs.12,350/- per Are.
LAA.N0. 373/04
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accepting the oral evidence of AW-1 and on guess work, that the learned Subordinate Judge concluded that the correct market value of the acquired property is the rate fixed by him, which is Rs.141/- per cent above the rate under the land acquisition officer's award. In land acquisition cases, determination of market value can involve a little bit of guess work and also evaluation of imponderables. But in order that the guess made by the reference court is a good guess, the same should be based on some evidence available on record. The only available evidence was the oral evidence of AW-1. We are of the view that on a better guess, the market value of the acquired property in this case at the relevant time is Rs.10,756/- per Are.
LAA.N0. 373/04
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circumstances the parties are directed to suffer their costs. It is needless to mention that if the claimant has already withdrawn more than what is admissible to him by virtue of this judgment, the appellant requisitioning authority will be entitled to refund of the same.
(PIUS C.KURIAKOSE, JUDGE)
(P.Q.BARKATH ALI, JUDGE)
ksv/-
2 issues framed by the court
Whether the market value of the acquired land should be re-fixed based on oral evidence and oral assessment by the reference court.
Whether the reference court's enhanced award rate can be revised to a better estimate.
1 provisions across 1 enactments
INLAND WATERWAYS AUTHORITY OF INDIA
SUNDARESAN
STATE OF KERALA
PIUS C. KURIAKOSE
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
