The Court, while not inclined to admit the Land Acquisition Appeal, notes the reference court's decision to adopt a multiplier of 12 for coffee and pepper plants in Wayanad District due to drought, contrasting it with a previous multiplier of 8.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931
LA.App..No. 393 of 2009() ------------------------LAR'5.4/2003 of SUB COURT, SULTHAN BATHERY ....................
APPELLANT(S): RESPONDENT IN LAR
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, WAYANAD (ADDITIONAL TAHSILDAR, SULTHANBATHERY AND LAND ACQUISITION OFFICER, KARAPUZHA IRRIGATION PROJECT)
BY GOVERNMENT PLEADER SRI.P.K.BABU
RESPONDENT(S): CLAIMANT IN LAR
SARADHA CHETTYCHIYAR, W/O. ACHUTHAN CHETTY, VENGERI, P.O. KALATHUVAYAL.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
L.A.A.No.393 of 2009
Dated this the 3rd day of April , 2009
JUDGMENT
Pius C.Kuriakose, J.
The strenuous submissions of the learned Government Pleader notwithstanding, we are not inclined to admit this appeal which pertains to acquisition of land in Ambalavayal Village in Wayanad District acquired for the purposes of Karapuzha Irrigation Project pursuant to Section 4(1) notification published on 28/12/1998. The acquired land was planted with coffee and pepper mainly. The coffee plants were valued by the awarding officer by the method of capitalisation of income adopting multiplier of 8. The reference court relied on the judgment of a Division Bench of this court in L.A.A.247/2000 and took the view that considering the age of the coffee plants, which in this case was 20 years and longevity of those plants as well as the age and longevity of the pepper plants, multiplier of 12, can be adopted. Thus adopting multiplier of 12 the compensation was redetermined by the reference court. Even though the learned
L.A.A.393/2009.
2
Government Pleader would bring to our notice that there are other decisions of this court wherein it has been held that the proper multiplier to be adopted for valuing the coffee plantations is 8, we are not inclined to accept the above argument, since we find that the property in question was in Wayanad District, where the agriculturists are facing serious problems on account of drought and other circumstances which are peculiar to that district. After all the learned Sub Judge followed the judgment of this court and the total stakes also cannot be said to be very high.
PIUS.C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM, JUDGE
dpk
3 issues framed by the court
Whether the Land Acquisition Appeal arising from the Karapuzha Irrigation Project land acquisition in Ambalavayal Village should be admitted.
Whether the multiplier of 12 for valuing coffee and pepper plants adopted by the reference court is appropriate in the context of the Wayanad District.
Whether the lower court's decision to depart from the earlier multiplier of 8 on account of drought and other peculiar circumstances in Wayanad District warrants the admission of the appeal.
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, WAYANAD
SARADHA CHETTYCHIYAR
PIUS C. KURIAKOSE
C. K. ABDUL REHIM
As recorded by the court registry
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