The High Court of Kerala dismissed appeals against land value enhancement in an acquisition for an Export Promotion Industrial Park. While dismissing the objection to the value, the Court modified the decree to grant interest under Section 23(1A).
Appeals dismissed. Decree modified to include 12% interest under Section 23(1A) from 31.1.1995 to 5.7.1995.
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 T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
LA.App..No. 473 of 2004 ( )
---------------------------LAR 54/1997 of III ADDL.SUB COURT, ERNAKULAM
APPELLANT/RESPONDENT. :
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STATE OF KERALA.
BY SENIOR GOVERNMENT PLEADER SRI. R. PADMARAJ SRI.RAJAN JOSEPH, ADDL.A.G.
RESPONDENTS/CLAIMANTS. :
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1. NARAYANAN NAIR, THEKKAMADATHU HOUSE, KAKKANAD.
2. LAKSHMIKUTTY AMMA, W/O.VIJAYA KURUP, THEKKAMADATHU HOUSE, KAKKANAD.
3. SURESH KURUP, S/O.VIJAYA KURUP, THEKKADAMATHU HOSUE, KAKKANAD.
4. GOPAKUMAR, S/O.VIJAYA KURUP, THEKKAMADATHU HOUSE, KAKKANADU.
5. SAJEEV KUMAR, S/O.VIJAYA KURUP, THEKKEMADATHUI HOUSE, KAKKANAD.
6. KINFRA, VELLAYAMBLAM, TRIVANDRUM, REP. BY THE MANAGING DIRECTOR.
R3 BY ADV. SRI.G.S.REGHUNATH R2 TO R5 BY ADV. SRI.M.P.ABRAHAM
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24-06-2015 ALONG WITH LAA 871/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - -
L.A.A.Nos.473 & 871 of 2004
- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
Both these appeals are from the judgment and decree in LAR NO.54/1997 on the file of the III Addl. Sub Court, Ernakulam. These cases arise from the acquisition made for the purpose of the requisitioning authority for establishing an Export Promotion Industrial Park at Kakkanad. The notification under Section 4(1) of the Act was published on 31.1.1995 and advance possession was taken. The total extent involved is 31.20 ares comprised in Sy. No.604/11 of Kakkanad Village. The land value awarded by the Land Acquisition Officer is at the rate of Rs.14,700/- per are and the reference court enhanced the land value to Rs.23,992/- per are.
awarded is excessive and appeal from the relied on judgment, Ext.A1 is
LAA Nos.473 & 871 of 2004 2
pending. We find from the discussion of evidence, especially paragraphs 10 and 11 of the judgment of the reference court, that the reference court relied upon the judgment Ext.A1, in LAR No.47/1997
series. It is seen from the discussion also that the properties come under category II, i.e. dry land having frontage of Panchayat road and private road. Actually, the properties covered by Ext.A1 are wet lands having Panchayat road frontage, wherein this Court as per the judgment in LAA No.563/2000 and connected cases, has refixed the land value at Rs.21,000/- per are.
LAA Nos.473 & 871 of 2004 3
value. In the light of the fact that this Court has considered various aspects in the judgment in LAA No.100/2006 and connected cases and
the properties are similar and acquired by the same notification, the
land value fixed therein, viz. Rs.25,850/- could be relied upon in this case also. Herein, the land value granted by the reference court is only
Rs.23,992/- per are and there is no appeal filed by the claimant.
We have noticed that the court below has not granted the benefit
under Section 23(1A) of the Act to the claimant. Since the date of Section 4(1) notification is 31.1.1995, the claimant will be entitled for the said benefit, viz. 12% per annum for the entire amount of compensation from 31.1.1995 to 5.7.1995 and the decree will stand modified to that extent.
The parties will suffer their costs in the appeals.
(T.R. RAMACHANDRAN NAIR, JUDGE.)
(K.P. JYOTHINDRANATH,, JUDGE.)
kav/
2 issues framed by the court
Whether the land value awarded by the reference court is excessive compared to recent High Court decisions for similar land.
Whether the claimant is entitled to the benefit under Section 23(1A) of the Act for delay in payment of compensation.
T.R. Ramachandran Nair
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
