Partly allowed

Shihab v. State of Kerala

Kerala HC9 Jan 2013LA.App./104/2011

Case brief

AI extract

What is this about?

In a land acquisition appeal, the High Court of Kerala refixed the market value of 5.87 acres of land at Rs. 2,500 per acre. The court held that this was a proper market value after evaluating the potential and locating evidence, ordering the deduction of previously awarded amounts.

What did the court decide?

Land value refixed at Rs.2,500/- per are; appellant entitled to additional compensation equal to the difference. Judgment and decree modified.

Shihab Vs State of Kerala — Land Acquisition | Kerala HC (2013)

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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 HARUN-UL-RASHID

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WEDNESDAY, THE 9TH DAY OF JANUARY 2013/19TH POUSHA 1934

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LA.App..No. 104 of 2011 ( )

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AGAINST THE JUDGMENT IN LAR.71/1990 DATED 9TH JULY 2010 ON THE FILE OF THE ADDITIONAL SUB COURT, KOLLAM. APPELLANT(S)/CLAIMANT: --------------------SHIHAB, S/O.ASANARU KUNJU, AGED 42 RESIDING AT SHAHU MANZIL MUTTAKKAVU CHERRY NEDUMPANA VILLAGE. BY ADVS.SRI.P.R.PREMACHANDREN SMT.T.S.MAYA (THIYADIL) SMT.PRINCY XAVIER RESPONDENT(S)/ORIGINAL RESPONDENT: ---------------------------------STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR KOLLAM.

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BY ADV. GOVERNMENT PLEADER SMT. SUNITHA VINOD

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 0901-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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al.

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HARUN-UL-RASHID,J.

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L.A.A. No. 104 OF 2011

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Dated this the 9^th day of January 2013

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JUDGMENT

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Additional claimant No.6 who is one of the legal heir of the 2^nd claimant is the appellant. The appeal is directed against the judgment and decree dated 9.7.2010 in L.A.R.No.71/1990 on the file of the Additional Sub Court, Kollam.

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The extent of land acquired is 5.87 Ares and 25 sq.meters of pathway. Section 4(1) notification was published on 13.12.1983. The Land Acquisition Officer passed an award fixing the land value at the rate of Rs.2416/- per Are for 3.65 Ares of land and at the rate of Rs.100/- for the pathway area. The reference Court found that total extent of land acquired from the claimant is 5.87 Ares and 25 sq.meters of pathway. The reference Court found that the correct market value of the acquired land can be fixed by giving 60% enhancement to the land value fixed by the Land Acquisition Officer. The reference court granted 60% enhancement. This is worked out at Rs. 1,450/- per Are and Rs.60 for the additional 25 sq.meters of land. The claimant relied on Ext.A1 sale deed. As per Ext.A1 sale deed the consideration per cent is at the rate of Rs.4,500/-.

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L.A.A.No.104/2011 2

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The reference court did not place reliance on Ext.A1, finding that the acquired land and Ext.A1 land are not similar and similarly situated. The reference court noticed the fact that the acquired land is situated at Nedumpana Village whereas the land in Ext.A1 sale deed lies in Thrikkovilvattom village. The trial court also noticed that there is no evidence to show that the properties are of similar nature.

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The trial court held that the acquired land is situated in an important locality. The court below relied on Exts.C1 to C3 to prove that the acquired land is lying adjacent to PWD road at Muttakkavu junction. The court below observed that the potential value of the acquired land cannot be ignored. The court below found that the claimant is entitled to more than the value fixed by the Land Acquisition Officer. The reference court granted an additional compensation of Rs.1450/- per Are. Considering the potential value of the property and on an evaluation of the materials on record including Exts.C1 to C3 this Court is of the view that Rs.2,500/- per cent should have been fixed by the court below as market value. Accordingly, this court refix the land value at the rate of Rs.2,500/- per cent. The claimant is entitled to additional compensation fixed by this Court after deducting Rs.2,416/- per Are awarded by the Land

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L.A.A.No.104/2011 3

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Acquisition Officer.

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In the result, the appeal is partly allowed. The judgment and decree passed by the court below is modified. The land value is refixed at the rate of Rs.2,500/- per cent with all other benefits granted.

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Sd/-

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HARUN-UL-RASHID JUDGE

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al/-

Shihab v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shihab v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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