Partly allowed

Kunju Beepathu v. State of Kerala

Kerala HC3 Jun 2014LA.App./731/2008

Case brief

AI extract

What is this about?

The High Court of Kerala, in a Land Acquisition Appeal, examined the valuation of acquired land in Kochi. Considering the property's proximity to a junction and commercial establishments as per the Commissioner's report, the court enhanced the award value by 80% over the Land Acquisition Officer's initial rate.

What did the court decide?

The appellants were awarded an 80% increase in land value, totaling Rs. 2,14,470/- per acre, plus all statutory benefits.

Kunju Beepathu Vs State of Kerala — Land Acquisition | Kerala HC (2014)

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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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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 3RD DAY OF JUNE 2014/13TH JYAISHTA, 1936

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LA.App..No. 731 of 2008 ( )

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AGAINST THE JUDGMENT IN LAR 347/2006 of III ADDL.SUB COURT, ERNAKULAM DATED 20-08-2007 APPELLANT(S)/CLAIMANTS::

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KUNJU BEEPATHU MALIYAM VEEDU, EDAPPALLY. *⁽^DIED) .

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MAJEED, S/O.MARAKKAR, MALIYAM VEEDU, EDAPPALLY.⁽^DIED)

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KUNJUMUHAMMED, S/O.MARAKKAR, MALIYAM VEEDU, EDAPPALLY

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*ADDL.APPELANTS 4 TO 6 IMPLEADED:

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SHAMLATH, AGED 45 YEARS, W/O LATE MAJEED, MALIYAM VEEDU, EDAPPALLY.

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SUMAYYA MAJEED, AGED 23 YEARS, D/O LATE MAJEED, MALIYAM VEEDU, EDAPPALLY.

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6 BILAL MAJEED, AGED 19 YEARS, S/O LATE MAJEED, MALIYAM VEEDU, EDAPPALLY.

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LRs OF THE DECEASED 2ND APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 4 TO 6 VIDE ORDER ON I.A.998/13 DT.28.6.13 AND THE ADDITIONAL APPELLANTS R4 TO 6 ARE ALSO RECORDED AS THE LEGAL REPRESENTATIVES OF DECEASED 1ST APPELLANT VIDE ORDER DT.28.6.13 IN LAA.

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BY ADV. SRI.ESM.KABEER

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RESPONDENT(S)/RESPONDENTS::

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STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR(LA), N.H.NO.1, KAKKANAD.

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THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLUR.

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BY GOVERNMENT PLEADER SMT.ROSE MICHAEL

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.

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--------------------------------------------------

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L.A.A.No.731 of 2008

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-------------------------------------------------DATED THIS THE 3^rd DAY OF JUNE, 2014

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JUDGMENT

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HARUN-UL-RASHID, J.

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Claimants are the appellants. The appeal is directed against the judgment and decree dated 20.8.2007 in L.A.R.No.347/2006 on the file of the 3^rd Additional Sub Court, Ernakulam. An extent of 5.45 Ares of land comprised in Sy.No.23/1-35 of Edappally North Village, Kanayannoor Taluk was acquired for NH-17. The notification under Section 4(1) of the Land Acquisition Act was published on 14.3.2002. The Land Acquisition Officer awarded land value @ Rs.1,19,150/- per Are. The Reference Court refixed the land value as Rs.1,54,900/- per Are. One of the claimants was examined as AW1. The claimants also produced Exhibits A1 to A6. The respondents' Exhibits are R1 and R2. Commission report and sketch are marked as Exhibits C1 and C1(a). The Commissioner reported that the acquired property situates within a distance of 700 Metres from Edappally Junction on the eastern side of NH-17. It is also reported that the property is lying as a plain land, about

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L.A..A.No.731/08 -2-

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17 Metres away from old NH Road and that there is a road on the western side of the acquired property connecting the property with the old NH-17. The Commissioner also reported that institutions like Mosque, Al-amin Public School, Skyline Group Apartments, etc. are lying in the vicinity. It is also reported that there are very many residential buildings and commercial buildings near to the acquired property. It is further reported that there is a road having 3 Metres width connecting the acquired property and NH-17.

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On going through the commission report, evidence of AW1 and other materials on record, it is seen that that the property is lying at an important locality within the Corporation of Kochi. The distance from NH-17 to the acquired property is only 17 Metres with direct access from NH-17 by a road having 3 Metres width. The commission report also shows that the property is lying at a distance of 700 Metres away from Edappally Junction and NH-47.

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The learned Government Pleader on instructions submits that this Court had occasion to consider other Land

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L.A..A.No.731/08 -3-

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Acquisition Appeals dealing with properties acquired under the very same notification. The learned Government Pleader also submits that this Court awarded enhancement of 80% over and above what is awarded by the Land Acquisition Officer in some cases and in some other cases 70%. Considering the importance of the locality and potentiality of the land, we are of the view that an increase of 80% adopted by this Court can be followed.

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In the result, this appeal is partly allowed. The appellants/claimants are entitled to 80% increase over and above the land value awarded by the Land Acquisition Officer. The claimants are thus entitled to land value @ Rs.2,14,470/- per Are. They are also entitled to all statutory benefits eligible under the Land Acquisition Act.

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Sd/- HARUN-UL-RASHID , JUDGE

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Sd/- ANIL K.NARENDRAN, JUDGE

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dsn

Kunju Beepathu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kunju Beepathu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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