High Court allowed land acquisition appeals filed by claimants challenging the adequacy of enhanced land value fixed by the reference court. Court re-fixed the land compensation rate considering the property's prime location in Kannur town.
Land value reassessed and fixed at Rs.1,72,970 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 P.B.SURESH KUMAR
WEDNESDAY, THE 19TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941
LA.App..No.861 of 2014
AGAINST THE JUDGMENT AND DECREE IN LAR NO.7/2012 of the SUBORDINATE JUDGE'S COURT, KANNUR DATED 11-06-2013
APPELLANTS/CLAIMANTS:
1 BALAKRISHNAN.C.M, AGED 52 YEARS S/O.KORAN,MADHAVI NIVAS,THAVAKKARA.P.O, KANNUR DISTRICT.
2 PADMINI.C.M W/O.VIJAYAN,PAVITHRAM,NEAR CANARA BANK,MUZHAPPILANGAD.P.O,KANNUR.
BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR,(LA),THALASSERY KANNUR DISTRICT – 670 141.
2 THE REGISTRAR KANNUR UNIVERSITY,MANGATTUPARAMBA,KANNUR DISTRICT – 670 101.
3 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KANNUR – 670 001. BY ADVS. R1 & R3 BY SRI.B.R.MURALEEDHARAN, SR.GOVERNMENT PLEADER. R2 BY SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.06.2019, ALONG WITH LA.App..862/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.861 & 862 of 2014
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 19TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941
LA.App..No.862 of 2014
AGAINST THE JUDGMENT AND DECREE IN LAR 6/2012 of the SUBORDINATE JUDGE'S COURT, KANNUR DATED 11-06-2013
APPELLANT/CLAIMANT:
THAYYILAKANDY RATHNAKARAN, AGED 60 YEARS S/O.RAMAN, THAYYILAKKANDY HOUSE,THULICHERY, KANNUR DISTRICT. BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA
RESPONDENTS/RESPONDENTS:
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.06.2019, ALONG WITH LA.App..861/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.861 & 862 of 2014
3
J U D G M E N T
These appeals are directed against the decrees and
judgments in L.A.R Nos.6 and 7 of 2012 on the files of the Sub Court, Kannur.
of 2012 were acquired pursuant to a notification issued under the Land Acquisition Act, 1894 ('the Act') on 10.03.2006 for the construction of the Head Quarters of the Kannur University. The Land Acquisition Officer fixed the land value for the acquired lands at Rs.41,825.09/- per Are. Dissatisfied with the compensation granted, the claimants got the matters referred
for adjudication under Section 18 of the Act and the reference court enhanced and re-fixed the land value at Rs.1,11,195/- per
Are. The claimants are aggrieved by the inadequacy of the enhanced land value fixed by the reference court and hence these appeals.
LAA Nos.861 & 862 of 2014
4
the learned counsel for the requisitioning authority as also the learned Government Pleader.
by the Land Acquisition Officer on the basis of the land value shown in a sale deed executed in the year 2004 in respect of a land situated in the neighbourhood. There is nothing on record to make a comparison of the acquired lands and the land involved in the basis document so as to render a finding as to the correctness of the land value fixation made by the Land Acquisition Officer. In fact, the claimants sought enhanced compensation based on Exts.A1 to A6 documents. In addition, they have also taken out Commissions in both the references, so as to bring on record the locational importance of the acquired lands. The reference court did not act upon Exts.A1 to A6 documents as it was found that the materials on record do not indicate that the lands covered by the said documents were comparable to the acquired lands. It was, however, noticed by the reference court that the acquired lands are situated in the
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LAA Nos.861 & 862 of 2014
heart of Kannur town, within the limits of Kannur municipality; that the acquired lands are situated in a residential area close to the Kannur Railway Station and old and new bus stands; that the acquired lands have road access; that Kannur Caltex junction-thevakkara-Kannur city main road is about 40 meters away from the acquired lands; that National Highway is about 600 meters away from the acquired lands; that the new Kannur bus stand is within 200 metres from the acquired lands and that there are temples, churches, mosques, schools, business centres and large number of Government offices within the close proximity of the acquired lands. It is seen that it is based on the locational importance of the acquired lands that the reference court has enhanced the land value as indicated above.
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LAA Nos.861 & 862 of 2014
reference court that satisfactory materials are not available to make a comparison of the acquired lands with the lands involved in Exts.A1 to A6 documents appears to be correct. Ext.C2 is the report filed by the Advocate Commissioner in LAR No.7 of 2012. It is seen that in the said report, the Advocate Commissioner has made a comparison of the acquired lands and the land covered by Ext.A4 document and observed that they are similar. It is stated that the said land is situated about 600 meters away from the acquired lands. The land value shown in the said document would work out to be Rs.1,00,000/per cent. Of course, there is a building in the said land and the value of the building is not shown separately in Ext.A4 document . At the same time, it is seen that Ext.A4 is a document executed in the year 2002, almost four years prior to the notification. Even if it is taken that a portion of the land value shown in Ext.A4 represents the value of the building, the balance, together with its escalation component for a period of four years would certainly exceed more than three fourth of the
LAA Nos.861 & 862 of 2014
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value shown in the document. Having regard to the said circumstances and the locational importance of the acquired lands revealed from the reports filed by the Advocate Commissioners, I am of the view that Rs.70,000/- per cent can
be safely fixed as the land value in these cases, which would work out to be Rs.1,72,970/- per Are.
In the result, the land acquisition appeals are allowed and the land value for the acquired lands are re-fixed at Rs.1,72,970/- per Are. The claimants will be entitled to admissible statutory benefits and proportionate costs on that basis. All interlocutory applications in the appeals are closed.
Sd/P.B.SURESH KUMAR, JUDGE.
DK
3 issues framed by the court
Whether the land value fixed by the reference court was adequate or requires enhancement.
Whether the market value of the land should be fixed considering its locational importance.
What is the appropriate rate of land compensation per acre in the present appeals.
2 provisions across 1 enactments
Balakrishnan.C.M
Padmini.C.M
Thayyilakkandy Rathnakaran
The Special Tahsildar (LA)
The Registrar Kannur University
State of Kerala
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
