In this land acquisition appeal, the High Court held that the lower Court erred in discarding sale deeds reflecting higher market values incurred by neighboring properties within 500 meters. The Court refixed the market value at Rs.22,000 per cent.
The appeal was allowed; the market value of the land was refixed at Rs.22,000 per cent (Rs.54,362 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 HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
THURSDAY, THE 8TH DAY OF MARCH 2012/18TH PHALGUNA 1933
LA.App..No. 112 of 2010 ( )
LAR.NO.142/2003 of SUB COURT, PALA
APPELLANT/CLAIMANT:
CYRIAC JOSEPH, S/O.JOSEPH, VADAKKEKKARA HOUSE, KOZHA P.O., KURAVILANGADU VILLAGE, MEENACHIL TALUK.
BY ADV. SRI.C.P.SAJI
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE
2. KERALA STATE ELECTRICITY BOARD,
R1 BY GOVERNMENT PLEADER SRI.T.R.RAJESH R2BY ADV.SRI.PULIKOOL ABUBACKER, SC, KSEB
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
L.A.A.NO.112/2010
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX A1 COPY OF THE JUDGMENT IN L.A.R.NO.142/2003 DATED 19/01/2006 OF THE SUB JUDGE, PALA.
RESPONDENT'S ANNEXURES:
NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ
LAA No.112 of 2010
Dated this the 8th day of March, 2012
JUDGMENT
Pius C. Kuriakose, J
The claimant is the appellant. His property in Kuravilangadu village situated not away from Kozha junction, enjoying frontage of the PWD road going from Kozha to Neezhur, was acquired for the
purpose of construction of a sub station for the KSEB. The acquisition was pursuant to Section 4(1) notification published on 17/02/2001. The Land Acquisition Officer awarded land value at the rate of Rs.22,375/- per are.
Ext.A2 to A5 sale deeds. All these were sale deeds executed in
respect of the land in the same village, at points of time ranging between 1 to 3 years prior to the Section 4(1) notification. All these documents reflected values respectively at Rs.24,000/- per cent,
L.A.A No.112 of 2010 -:2:-
Rs.25,786/- per cent, Rs.33,962/- per cent and Rs.38,088/- per cent. All these documents were discarded by the learned Subordinate Judge for the reason that the properties covered by these documents were situated near to the town areas of Kuravilangad town. Ultimately, it was by going guess work that the learned Subordinate Judge refixed the market value by granting enhancement of Rs.7,625/- per are. The market value was thus refixed by the learned Subordinate Judge by Rs.30,000/- per are.
L.A.A No.112 of 2010
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documents and submitted that the courts below was not at all justified in discarding the documents produced by the claimant for the reason
that the properties covered by the document are situated near to the town areas of Kuravilangad town. The acquired property was situated very near to the Kuravilangad town. The distance from town, even according to the learned Sub Judge was only 300 metres. The acquired property enjoyed the direct frontage of PWD road, where as some of the properties covered by the documents produced by the appellant enjoyed the frontage of Panchayat road only. The documents should not have been discarded completely.
L.A.A No.112 of 2010 -:4:-
L.A.A No.112 of 2010
-:5:-
at the rate of Rs.22,000/- per cent, i.e. Rs.54,362/- per are. The appellant is entitled for all statutory benefits on the total enhanced compensation, on which the appellant becomes eligible by virtue of this judgment. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this Court in the order in C.M.Appn No.181 of 2010.
In the result, the appeal is allowed. No costs.
sd/- PIUS C. KURIAKOSE JUDGE
sd/- A. V. RAMAKRISHNA PILLAI JUDGE
//TRUE COPY//
P.A TO JUDGE
krj
2 issues framed by the court
Whether the sale deeds produced by the appellant should have been relied upon to enhance the market value of the acquired land.
Whether the learned Subordinate Judge was justified in completely discarding the sale deeds as they covered properties near the town area.
2 provisions across 1 enactments
Cyriac Joseph
State of Kerala
Kerala State Electricity Board
Pius C. Kuriakose
A. V. Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
