Appeals were filed against a reference court judgment fixing land value for acquisition for an Export Promotion Industrial Park. The High Court relied on a previous judgment and fixed the correct land value and interest.
The appeals were dismissed. The decree was modified to include entitlement for interest at 12% per annum from 31.1.1995 to 15.7.1996.
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. 921 of 2004 (Y)
---------------------------(AGAINST THE JUDGMENT AND DECREE IN LAR.NO. 91/1998 OF III ADDL.SUB COURT, ERNAKULAM DATED 19-07-2003)
APPELLANT/RESPONDENT:
STATE OF KERALA
BY SR GOVERNMENT PLEADER SRI.R.PADMARAJ
RESPONDENT(S)/CLAIMANTS:
1. MUKESH M.SHAH, S/O.MOHANLAL C SHAH, 40/549 1 AK V VITTAPPAPRABHU ROAD,
ERNAKULAM.
2. JITENDRA SHAH, S/O. MOHANLAL C. SHAH, 40/549 1 AK V VITTAPPAPRABHU ROAD,
ERNAKULAM.
BY SRI.M.P.ABRAHAM,SENIOR ADVOCATE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24-06-2015, ALONG WITH LAA.NO. 394/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.921/2004 & 394/2005
- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
Both these appeals are from the judgment and decree in LAR NO.91/1998 on the file of the III Addl. Sub Court, Ernakulam. These
cases come 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 14.35 ares comprised in Sy. No.618/11 and 4.11 ares in Sy. No.619/1 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.
LAA 921/2004 & 394/2005 2
awarded is excessive. 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, wherein the land value fixed was at the rate of Rs.22,992/- per are. It is seen from the discussion also that the properties herein 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 921/2004 & 394/2005 3
from Ext.A1 produced before the trial court, there was no other evidence. 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.
Since the correct date of Section 4(1) notification being 31.1.1995, the decree granted in this case requires a modification and
we hold that the claimant will be entitled for the benefit under Section 23(1A) of the Act, viz. interest at 12% per annum for the period from 31.1.1995 to 15.7.1996.
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 given the category of land and relevant precedents.
Whether the claimant is entitled to interest under Section 23(1A) of the Land Acquisition Act for the period from the date of notification to prior possession.
State of Kerala
Mukesh M. Shah
Jitendra Shah
T.R. Ramachandran Nair
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
