Disposed

The State of Kerala v. O.K. Vidhyadharan

Kerala HC1 Nov 2022LA.App./19/2017

Case brief

AI extract

What is this about?

Compensation for lands acquired for a railway overbridge and service road was enhanced to a uniform land value. The court allowed the claimants’ appeals with statutory benefits and proportionate costs, declined further enhancement for buildings, and dismissed the State’s appeals.

What did the court decide?

Uniform enhancement of land compensation, with admissible statutory benefits and proportionate costs on the enhanced land value.

The State of Kerala Vs O.K. Vidhyadharan — Land Acquisition | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶6

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶7

LA.APP. NO. 226 OF 2017

¶8

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 17/2013 OF IIIRD ADDITIONAL SUB COURT, ERNAKULAM]

¶9

APPELLANT/1ST RESPONDENT IN LAR:

¶10

THE STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOCHI CORPORATION , VYTTILLA.

¶11

BY ADV GOVERNMENT PLEADER

¶12

RESPONDENTS/CLAIMANT & ADDITIONAL 2ND RESPONDENT:

¶13

1 GOPALAKRISHNAN P.A S/O AYYAPPANKUTTY, PAPPALIL HOUSE,PONNURUNNI. 682019.

¶14

2 THE SECRETARY KOCHI CORPORATION , SHANMUGHAM ROAD,ERNAKULAM. 682011. BY ADVS.

¶15

SRI.M.A.ABDUL HAKHIM FOR R1

¶16

SRI.R.RAJESH K FOR R1

¶17

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..19/2017, 21/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶19

:-2-:

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶23

¶24

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶25

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶26

LA.APP. NO. 19 OF 2017

¶27

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 61/2013 OF

¶28

III ADDITIONAL SUB COURT, ERNAKULAM]

¶29

APPELLANT/FIRST RESPONDENT:

¶30

THE STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOCHI CORPORATION, VYTTILA.

¶31

BY SPL.GOVERNMENT PLEADER SMT.N.SUDHA DEVI.

¶32

RESPONDENT/CLAIMANT & 2ND RESPONDENT:

¶33

1 O.K. VIDHYADHARAN

¶34

S/O.KRISHNANKUTTY, ULLADAPPARAMBIL HOUSE, PONNURUNNI, VYTILLA, PIN-682019.

¶35

2 THE SECRETARY KOCHI CORPORATION, SHANMUGHAM ROAD, ERNAKULAM,PIN682011. BY ADVS. SRI.M.A.ABDUL HAKHIM FOR R1 V.P.REJITHA (PUZHAKKALIDOM)FOR R2

¶36

SOBHAN GEORGE FOR R2

¶37

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App.226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶38

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶39

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶40

PRESENT

¶41

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶42

¶43

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶44

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶45

LA.APP. NO. 21 OF 2017

¶46

[AGAINST THE JUDGMENT AND DECREE DTD. 22.3.2016 IN LAR 20/2011 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶47

APPELLANTS/CLAIMANTS 4 TO 6:

¶48

1 JYOTHINDRANATH, PURATHATTIL HOUSE, KONOTHUKUNNU P.O., THRISSUR, REP. BY HIS POWER OF ATTORNEY HOLDER P.J.ADARSH /2ND APPELLANT

¶49

2 P.J.ADARSH, S/O.JYOTHINDRANATH, PURATHATTIL HOUSE, KONOTHUKUNNU P.O., THRISSUR.

¶50

3 ARYA JOSEPH D/O. DO- DO-, REP. BY HER POWER OF ATTONERY HOLDER P.J.ADARSH/ 2ND APPELLANT BY ADV SRI.M.A.ABDUL HAKHIM

¶51

RESPONDENTS/RESPONDENTS:

¶52

1 STATE OF KERALA REP. BY SPECIAL TAHSILDAR (LA), NH-III, VYTTILA, ERNAKULAM,pin-682019

¶53

2 THE DEPUTY COLLECTOR ROADS AND BRIDGES DEVELOPMENT CORPORATION KERALA LTD, PALARIVATTOM, KOCHI 682 025. BY SPL.GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1. BY ADV.M.VIJAYAKUMAR FOR RESPONDENT NO.2

¶54

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶55

:-4-:

¶56

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶57

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶58

:-5-:

¶59

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶60

PRESENT

¶61

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶62

¶63

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶64

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶65

LA.APP. NO . 22 OF 2017

¶66

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 60/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶67

APPELLANT/1ST RESPONDENT:

¶68

STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOCHI CORPORATION, VYTTILA.

¶69

BY SPL.GOVT.PLEADER SMT.N.SUDHA DEVI.

¶70

RESPONDENT/CLAIMANT & ADDITIONAL 2ND RESPONDENT:

¶71

1 SUHARA KARIM W/O.ABDUL KARIM, PUTHEDATH HOUSE, PONNURUNNI 682 317.

¶72

2 THE SECRETARY KOCHI CORPORATION, SHANMUGHAM ROAD, ERNAKULAM 682 011. BY ADV SRI.M.A.ABDUL HAKHIM for 1^st respondent

¶73

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶74

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶75

:-6-:

¶76

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶77

PRESENT

¶78

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶79

¶80

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶81

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶82

LA.APP. NO. 263 O F 2017

¶83

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 26/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶84

APPELLANT/1st RESPONDENT:

¶85

STATE OF KERALA

¶86

REPRESENTED BY SPECIAL TAHSILDAR (LA) KOCHI CORPORATION,VYTTILA.

¶87

BY SPL.GOVERNMENT PLEADER SMT.N.SUDHA DEVI.

¶88

RESPONDENTS/CLAIMANT & ADDITIONAL 2ND RESPONDENT:

¶89

1 KERALA VYAPARI VYAVASAI EKOPANASAMITHI PONNURUNNI UNIT,REPRESENTED BY ITS PRESIDENT, SECRETARY AND TREASURER 682 019

¶90

2 THE SECRETARY KOCHI CORPORATION,SHANMUGHAM ROAD ERNAKULAM 682 011 BY ADVS.

¶91

SRI.M.A.ABDUL HAKHIM FOR RESPONDENT NOS. 1 AND 2 SMT.V.P.REJITHA (PUZHAKKALIDOM)FOR RESPONDENT NO.2 SRI.JOSEPH GEORGE KANNAMPUZHA FOR RESPONDENT NO.1 SRI.SOBHAN GEORGE FOR RESPONDENT NO.2

¶92

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App.226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶93

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶94

:-7-:

¶95

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶96

PRESENT

¶97

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶98

¶99

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶100

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶101

LA.APP. N O. 410 OF 2017

¶102

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 19/2011 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶103

APPELLANT/1ST RESPONDENT:

¶104

STATE OF KERALA

¶105

REPRESENTED BY SPECIAL TAHSILDAR (LA0, NH III,VYTTILA BY SPL. GOVERNMENT PLEADER SMT.N.SUDHA DEVI

¶106

RESPONDENTS/CLAIMANT& ADDITIONAL 2ND RESPONDENT:

¶107

1 VIJAYAN

¶108

S/O. KESAVAN, VELIPARAMBIL, PONNURUNNI 682 019

¶109

2 THE DEPUTY COLLECTOR

¶110

ROADS AND BRIDGES DEVELOPMENT CORPORATION KERALA LTD, PALARIVATTOM, KOCHI 25

¶111

BY ADV SRI.M.A.ABDUL HAKHIM FOR R1

¶112

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶113

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶114

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶115

PRESENT

¶116

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

¶117

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶118

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶119

LA.APP. NO . 444 OF 2017

¶120

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 20/2011 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶121

APPELLANT/1ST RESPONDENT:

¶122

STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR(LA),KOCHI CORPORATION,VYTTILA

¶123

BY SPL. GOVERNMENT PLEADER SMT.N.SUDHA DEVI

¶124

RESPONDENTS/CLAIMANTS 1,2,4 TO 6 & ADDL. 2ND RESPONDENT:

¶125

***** 1 RAJMOHAN, S/O.KESAVAN, MADAPPATTU HOUSE, PONNURUNNI 682 019 [DIED AND LEGAL HEIRS RECORDED] ***** 2 SAVITHRY, W/O. RAJMOHAN, THONNORUKANDI HOUSE,MADAPPATT,VYTTILA P.O 682 019 [DIED AND LEGAL HEIRS RECORDED] ( RESPONDENTS 3 TO 5 ARE RECORDED AS THE ONLY LEGAL HEIRS OF THE DECEASED 1ST AND 2ND RESPONDENTS VIDE ORDER DATED 31.08.2018 IN IA 564/2018 ) 3 JYOTHEENDRA NATH H/O.LATE LIDHIYA,PURATHATTIL HOUSE,KONATHUKUNNU P.O, THRISSUR DISTRICT 680 123 4 ADARSH S/O.LATE LIDHIYA,PURATHATTIL HOUSE,KONATHUKUNNU P.O, THRISSUR DISTRICT 680 123 5 ARYA D/O.LATE LIDHIYA,PURATHATTIL HOUSE,KONATHUKUNNU P.O, THRISSUR DISTRICT 680 123

¶126

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶127

:-9-:

¶128

6 THE DEPUTY COLLECTOR ROADS AND BRIDGES DEVELOPMENT CORPORATION KERALA LTD., PALARIVATTOM, KOCHI-25.

¶129

BY ADV SRI.M.A.ABDUL HAKHIM FOR RESPONDENT NO.4 BY ADV.SRI.M.VIJAYAKUMAR FOR RESPONDENT NO.6

¶130

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶131

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶132

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶133

PRESENT

¶134

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶135

¶136

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶137

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶138

LA.APP. NO . 230 OF 2016

¶139

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 26/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶140

APPELLANT/CLAIMANT:

¶141

KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, PONNURUNNI UNIT, PONNURUNNI, ERNAKULAM, REPRESENTED BY ITS SECRETARY REGIMON C.V.

¶142

BY ADV SRI.M.A.ABDUL HAKHIM

¶143

RESPONDENTS/RESPONDENTS:

¶144

1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOCHI CORPORATION, VYTTILA.

¶145

2 THE SECRETARY KOCHI CORPORATION, SHANMUGHAM ROAD, ERNAKULAM. BY SPL.

¶146

GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1.

¶147

SMT.V.P.REJITHA (PUZHAKKALIDOM) FOR R2

¶148

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶149

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶150

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶151

PRESENT

¶152

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶153

¶154

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶155

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶156

LA.APP. NO . 330 OF 2016

¶157

[AGAINST THE JUDGMENT & DECREE DTD.20.1.2016 LAR 21/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶158

APPELLANT/CLAIMANT:

¶159

K.M.ISMAIL AGED 57 YEARS S/O. MUHAMMED, AGED 57 YEARS, RESIDING AT KAVARAPARMBIL, PONNURUNNI VILLAGE, KANAYANNUR TALUK, ERNAKULAM, COCHIN- 682019. BY ADV SRI.PEEYUS A.KOTTAM

¶160

RESPONDENTS/RESPONDENTS:

¶161

1 STATE OF KERALA REPRESENTED BY SPECIAL TAHAZILDAR (LA) COCHIN CORPORATION, VYTILA, ERNAKULAM, COCHIN- 682019 2 THE SECRETARY COCHIN CORPORTION, O/O THE CORPORTION, PART AVENUE ROAD, ERNAKULAM, COCHIN- 682011. BY ADV V.P.REJITHA (PUZHAKKALIDOM) FOR R2 BY SPL.GOVT.PLEADER SMT.N.SUDHA DEVI FOR R1.

¶162

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶163

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶164

:-12-:

¶165

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶166

PRESENT

¶167

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶168

¶169

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶170

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶171

LA.APP. NO. 348 OF 2016 [AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 17/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶172

APPELLANTS/CLAIMANTS:

¶173

1 GOPALAKRISHNAN.P.A.(DIED) S/O AYYAPPANKUTTY, PAPPALLIL HOUSE, PONNURUNNI, ERNAKULAM

¶174

2 ADDL.A2. PADMAKSHI.P.P., AGED 74 YEARS,W/O.GOPALAKRISHNAN.P.A., PAPPALIL HOUSE, PONNURUNNI, ERNAKUULAM, PIN-682 019.

¶175

3 ADDL.A3. DEEPA.P.G., AGED 44 YEARS,D/O.GOPALAKRISHNAN.P.A., PAPPALIL HOUSE, PONNURUNNI, ERNAKULAM, PIN -682 019

¶176

4 ADDL.A4. DEEPAK.P.G. AGED 42 YEARS, S/O.GOAPLAKRISHNAN.P.A., PAPPALIL HOUSE, PONNURUNNI, ERNAKULAM, PIN -682 019. ADDL.A2 TO A4 ARE IMPLEADED AS PER ORDER DATED 1.11.22 IN IA NO.1 OF 2022 IN LAA NO.348/2016. BY ADVS. SRI.M.A.ABDUL HAKHIM JOSEPH GEORGE M.A.AZEEZ MUSHTAQUE

¶177

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶178

:-13-:

¶179

RESPONDENTS/RESPONDENTS:

¶180

1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI CORPORATION, VYTTILA PIN 682 019. 2 THE SECRETARY KOCHI CORPORATION, SHANMUGHAM ROAD, ERNAKULAM PIN 682 011.

¶181

BY ADV SRI.ARUN ANTONY FOR R2. BY SPL.GOVT. PLEADER SMT.N.SUDHA DEVI FOR R1.

¶182

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶183

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶184

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶185

PRESENT

¶186

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶187

¶188

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶189

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶190

LA.APP. NO. 356 OF 2016

¶191

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 LAR 60/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶192

APPELLANT/CLAIMANT:

¶193

SUHARA KARIM

¶194

W/O.ABDUL KARIM,PUTHEDATH HOUSE,PONNURUNNI,ERNAKULAM. BY ADV SRI.M.A.ABDUL HAKHIM

¶195

RESPONDENTS/RESPONDENTS:

¶196

1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR(LA),KOCHI CORPORATION,VYTTILA.

¶197

2 THE SECRETARY KOCHI CORPORATION,SHANMUGHAM ROAD,ERNAKULAM.

¶198

R1 BY SPL.GOVERNMENT PLEADER SMT.N.SUDHA DEVI

¶199

R2 BY ADV.V.P.REJITHA (PUZHAKKALIDOM)

¶200

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶201

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶202

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶203

PRESENT

¶204

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶205

¶206

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶207

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶208

LA.APP. NO . 359 OF 2016

¶209

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 IN LAR 19/2011 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶210

APPELLANT/CLAIMANT:

¶211

VIJAYAN,S/O.KESAVAN, VELIPARAMBIL, PONNURUNNI, ERNAKULAM. BY ADV SRI.M.A.ABDUL HAKHIM

¶212

RESPONDENTS/RESPONDENTS:

¶213

1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), NH-III, VYTTILA, ERNAKULAM, PIN -682018

¶214

2 THE DEPUTY COLLECTOR

¶215

ROADS AND BRIDGES DEVELOPMENT CORPORATION KERALA LTD, PALARIVATTOM, KOCHI-682 025.

¶216

BY SPL.GOVT.PLEADER SMT.N.SUDHA DEVI.

¶217

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 01.11.2022, ALONG WITH LA.App..226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶218

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶219

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶220

PRESENT

¶221

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶222

¶223

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶224

TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

¶225

LA.APP. NO. 372 OF 2016

¶226

[AGAINST THE JUDGMENT & DECREE DTD.22.3.2016 LAR 61/2013 OF III ADDITIONAL SUB COURT, ERNAKULAM]

¶227

APPELLANT/CLAIMANT:

¶228

O.K.VIDYADHARAN

¶229

S/O. KRISHNANKUTTY, ULLADAPPARAMBIL HOUSE, PONNURUNNI, ERNAKULAM.

¶230

BY ADV SRI.M.A.ABDUL HAKHIM

¶231

RESPONDENTS/RESPONDENTS:

¶232

1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR(LA), KOCHI CORPORATION, VYTTILA.

¶233

2 THE SECRETARY KOCHI CORPORATION, SHANMUGHAM ROAD, ERNAKULAM.

¶234

BY ADV V.P.REJITHA (PUZHAKKALIDOM)

¶235

R1 BY SPL.GOVT.PLEADER SMT.N.SUDHA DEVI.

¶236

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 01.11.2022, ALONG WITH LA.App.226/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶237

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶238

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JUDGMENT

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[LA.App. Nos.226/2017, 19/2017, 21/2017, 22/2017, 263/2017, 410/2017, 444/2017, 230/2016, 330/2016, 348/2016, 356/2016, 359/2016, 372/2016]

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Shoba Annamma Eapen J :

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These Land Acquisition Appeals are filed under Section 54 of the Kerala Land Acquisition Act,1961 in respect of lands acquired for construction of Ponnurunni Railway Over Bridge and formation of service road. D issatisfied with the compensation awarded as well as challenging the compensation awarded in Land Acquisition Reference cases by the Reference Court, the claimants and the State of Kerala respectively are in appeal. Out of the seven cases, in two cases, LAA No.21/2017 (LAR No.20/2011) and LAA No.359/2016 (LAR No.19/2011), the lands were acquired by the Roads and Bridges Development Corporation Limited as per Notification dated 19.01.2011 and in the remaining five cases, LAA No.348/2016 (LAR

¶243

No.17/2013), LAA No.230/2016 (LAR No.26/2013), LAA No.356/2016 (LAR No. 60/2013),LAA No.372/2016 (LAR

¶244

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶245

No.61/2013) and LAA No. 330/2016 (LAR No.21/2013), the lands were acquired by the Corporation of Cochin as per Section 4(1) Notification dated 26.02.2011. Dissatisfied with the compensation awarded, the claimants have filed LAA No.348/2016 (LAR No.17/2013), LAA No.230/2016 (LAR No.26/2013), LAA No.356/2016 (LAR No.60/2013), LAA No.372/2016 (LAR No.61/2013), LAA No.21/2017 (LAR No.20/2011) and LAA No.359/2016 (LAR No.19/2011) and LAA No.330/2016 (LAR No.21/2013). Challenging the enhancement of compensation awarded, the State of Kerala has filed appeals as LAA No.226/2017 (LAR No.17/2013), LAA No.263/2017 (LAR No.26/2013), LAA No.22/2017 (LAR No.60/2013), LAA No.19/2017 (LAR No.61/2013), LAA No.444/2017 (LAR No.20/2011) and LAA No.410/2017 (LAR No.19/2011). No appeal was filed by the State against LAR No.21/2013.

¶246

We have heard Mr.M.A.Abdul Hakhim, the learned

¶247

counsel appearing for the appellants in L.A.A.Nos.230/2016,

¶248

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶249

348/2016, 356/2016, 359/2016, 372/2016 and 21/2017 and

¶250

Mr.Peeyus.A.Kottam, the learned counsel appearing for the appellant in L.A.A.No.330/2016. We have heard Smt.N.Sudhadevi, the learned Special Government Pleader (Land Acquisition) appearing for the State of Kerala, the learned Standing Counsel appearing for the Corporation of Cochin and Sri.M.Vijayakumar, the learned Standing counsel for Roads and Bridges Development Corporation . LAA No.230/2016 is treated as the main case. We have heard the appeals together and therefore they are being disposed of by this common judgment.

¶251

Properties in Sy.Nos.757/4-15, 557/1-3, 555/3-34, 555/4, 557/1-3, 541/3-8 and 542/1 of the Poonithura Village and buildings thereon, were acquired for the purpose of construction of Ponnurunni Railway Overbridge pursuant to notifications issued unde r Section 4(1) of the Land Acquisition Act on 19.01.2011 and 26.02.2011. The Land Acquisition Officer, in respect of the properties

¶252

acquired for Corporation of Cochin, fixed the land value at

¶253

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

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:-20-:

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Rs.12,50,625/- per cent (Rs.30,90,295/-per Are) and in respect of the property acquired for Roads and Bridges Development Corporation, fixed the value of the land at Rs.5,03,005/- per cent (Rs.12,4 2,92 3/- per Are). As per the judgment dated 22.03.2016, the Reference Court enhanced and re-fixed the value of the land in respect of both the properties at a uniform rate of Rs.19,65,578/- per cent (Rs.48,56,943/- per Are) for the land. In LAA No.330/2016 (LAR No.21/2013), as per judgment dated 20.01.2016, the Land Acquisition Officer fixed the land value at Rs.10,08,568.75 per cent (Rs.24,92,173/- per Are) and the Reference Court enhanced and refixed the value of the land in respect of the properties at Rs.11,87,302.71 per cent (Rs.29,33,825/- per Are) for the land. It is aggrieved by the inadequacy of the award amount in respect of the land and building by the Reference Court that the claimants have come in appeal. Challenging the enhancement of the land value given by the Reference Court, the State has come in appeal.

¶256

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

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The evidence in these cases consists of oral testimonies

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of AW1 (Claimant in LAA 230/2016 (LAR No.26/2013) and AW2

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(Advocate Commissioner), Exts.A1 to A4, C1 and C1(a). No evidence

¶261

was adduced on the side of the respondents.

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5. Details of the amount awarded in each case are as follows:-

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Sl. No	Appeal Nos.	Lower Court	Survey Number	4(1) Notifi-	Requis itioni	Ext	ent	Award	by LAO	Award	by Court
	Claimant Government	Nos.	Poonithur a Village	cation	ng Author ity	Cent	Are	Per Cent	Per Are	Per Cent	Per Are
1	LAA 21/2017 LAA 444/2017	LAR 19/2011	541/3-8	19/1/11	Roads & Bridges Develop ment	1.112	0.45	503005	1242923
2	LAA 359/2016 LAA 410/2017	LAR 20/2011	542/1		Corpn. Ltd. For Railway over-bridge	3.29	1.33	,,	,,
3	LAA 348/2016 LAA 226/2017	LAR 17/2013	757/4-15			0.938	0.38
4	LAA 230/2016 LAA 263/2017	LAR 26/2013 Leading Case	557/1-3	26/2/11		0.988	0.40		3090295	19,65,578	48,56,943
5	LAA 356/2016 LAA 22/2017	LAR 60/2013	555/3-34		Cochin Corpn. For Railway over-bridge	0.247	0.10	12,50,625	,,
6	LAA 372/2016 LAA 19/2017	LAR 61/2013	557/1-3			0.469	0.19
7	LAA 330/2016 No State appeal	LAR 21/2013	555/4	26/2/11		3.064	1.24	10,08,568. 75	24,92,173	11,87,302. 71	29,33,825

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L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶265

Before the Reference Court, the appellants sought land

¶266

value for the acquired lands at Rs.20,00,000/- to Rs.35,00,000/- per cent and before this Court, the appellants sought land value at Rs.25,00,000/-. Exts A1 to A4 are the documents placed on record by the claimants in support of their claims.

¶267

Ext.A1 is a Sale Deed No.5059/2007, dated 27.11.2007,

¶268

in respect of land admeasuring 27.370 cents (11.08 Ares) lying on the eastern side of National Highway and is situated 1½- 2km away from the acquired properties. The value shown therein comes to Rs.26,37,866/- per cent.

¶269

Ext.A2 is a Sale Deed No.1629/2008, dated 21.05.2008,

¶270

in respect of land admeasuring 27.731 cents (11.22 Ares) lying on the side of Thammanam-Pullepady Road and is situated 2½-3 km away from the acquired properties, is not a bus route nor a commercial area. The value shown therein is Rs.18,25,000/- per cent.

¶271

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

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Ext.A3 is a Sale Deed No.3431/1/2011, dated

¶274

22.12.2011 in respect of land admeasuring 9.192 cents (3.72 Ares) lying on the side of an interior Road and is situated 2-2½ km away from the acquired properties. The value shown therein is Rs.30,18,930/- per cent.

¶275

Ext.A4 is a Sale Deed No.2075/2012, dated 29.06.2012,

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in respect of land admeasuring 6.350 cents (2.57 Ares) lying near Subhash Chandra Bose Road and is situated 1/2 km away from the acquired properties. The value shown therein is Rs.28,05,291/- per cent.

¶277

The learned counsel for the claimants submits that all the properties are situated within the distance of 100-300 metres from Vyttila junction, which is one of the most important junctions in Ernakulam city and are having commercial importance. The learned counsel further submits that the importance of acquired properties is more than that of the property covered by Exts.A1 to A4 documents.

¶278

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶279

It was also submitted that the value fixed by the reference court is less and the claimants are entitled to get Rs.25,00,000/- per cent.

¶280

Per contra, the learned Special Government Pleader for the respondents submits that the amount fixed by the reference court is on the higher side. Properties in Exts.A1 to A4 are far away from the acquired property and those documents cannot reflect the actual value of the acquired properties. The learned Special Government Pleader further contended that the properties in Ext.A4 document and the acquired properties are not similar, and the court below went wrong in fixing the land value at the rate of Rs.19,65,578/- per cent without any evidence. The learned Special Government Pleader relied on the decisions rendered in Krishan Kumar v. Union of India and another [[(2015) 15 SCC 220] and Karnataka Urban Water Supply and Drainage Board and others v. K.S.Gangadharappa and another [(2009) 11 SCC 164] and argued

¶281

that the enhancement of value of acquired property allowed by the

¶282

Reference Court is to be set aside.

¶283

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶284

The Reference Court found that Ext.A1 cannot be relied

¶285

upon since it is lying on the eastern side of National Highway and the value shown in the said deed cannot be compared with the acquired property. Ext.A2 property is having direct road frontage, Ext.A3 is a residential property and is 2-2½ Kms away from the acquired property. Hence, the Reference Court found that the values shown in these documents are not comparable. The Reference Court relied on Ext.A4 document for comparing and determining the value for the acquired lands. The Reference Court relied on Ext.A4 stating that the property is only 1/2km away from the acquired property. We do not agree with the view taken by the reference court. The Advocate commissioner in Ext.C1 report has stated that though the property covered by Ext.A4 is ½ Km away from the acquired property, there is no comparison of the property with the acquired property. The respondents did not produce any document or adduce any evidence to compare and fix the land value.

¶286

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶287

We have verified the records and the evidence gathered in these cases. From a comparison of all the documents produced, we find that Ext.A2 Sale Deed is the most suitable deed, for making a reasonable comparison. The Advocate Commissioner has reported that the property described in Ext.A2 is situated at about 3 kms. from the acquired property. The property has a public road in its north and is situated in a commercial area and has road frontage towards a prominent public road. PWs.1 and 2 have deposed that Ext.A2 property is on the side of Pullepady-Thammanam Road and is not a commercial area and not a bus route. The amount shown in the Ext.A2 deed is Rs.18,25,000/- per cent. The deed is dated 21.05.2008 and was executed two years and eight months before the date of Section 4(1) notification of the present acquisition. Since, the respondents did not adduce any evidence nor produce any documents, the reference court accepted Ext.A4 deed as the basis for comparing and determining the value of acquired land by giving a deduction of 25% of the value offered as per the document. The

¶288

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

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property covered by Ext.A2 sale deed is situated on the side of Pullepady-Thammanam road and not a commercial area nor a bus route, whereas the acquired properties are situated in a commercial area and on the side of a bus route. We are of the opinion that, acquired property can be compared with the property covered by Ext.A2 sale deed.

¶291

In all the reference cases except LAA No.330/2016, the amount awarded by the Reference Court was Rs.19,65,578/- per cent and in LAA No.330/2016, the amount awarded by the Reference Court was only Rs.11,87,302.71 . AW1 has deposed that, all these properties are having equal importance and hence the claimants are entitled to get equal market value of the property. In Ext.C1 commission report, it is stated that the documents produced by the claimants to compare with the acquired properties are having high commercial value and the acquired properties are of the same nature. Since, the acquired properties involved in these appeals are from the same notifications and of equal importance, we are of the

¶292

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶293

view that the amount awarded in all these cases should be at par. The decisions relied on by the respondents are not applicable in this case.

¶294

Taking note of submissions made across the Bar and on verification of the documents produced by the claimants, we are of the opinion that the amounts awarded by the reference court are not sufficient and have to be modified. Hence we are of the view that interest of justice would be best met if the value of the property involved herein be fixed at least by enhancement of 15% of the amount shown in Ext.A2, thus, fixing the amount of all the acquired property involved in these appeals at Rs.20,98,750/- per cent, which is 15% more than the amount of Rs.18,25,000/-, the value per cent, shown in Ext.A2 Sale Deed, i.e., Rs.18,25,000/- + Rs.2,73,750/- [15% of Rs.18,25,000/-] = Rs.20,98,750/-.

¶295

As regards the enhancement of the value of the building put forward in these appeals by the claimants, we find that the

¶296

L.A.A.Nos.230/2016,330/2016,348/2016, 356/2016,359/2016,372/2016,226/2017, 19/2017,21/2017,22/2017,263/2017, 410/2017 & 444/2017

¶297

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¶298

amounts awarded are reasonable and find no reason to interfere with the judgment of the Reference Court.

¶299

Since, we have already arrived at a finding that the amounts awarded by the reference court are not sufficient enough and have to be modified, all the appeals filed by the State for reducing the amount awarded, are to be dismissed.

¶300

In the result, the appeals filed by the claimants are allowed. The land value awarded by the reference court in all the appeals filed by the claimants are enhanced and re-fixed at Rs.20,98,750/- per cent. The claimants are entitled to admissible statutory benefits and proportionate costs on the enhanced land value. All the Appeals filed by the State are dismissed.

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Sd/-

¶302

A.MUHAMED MUSTAQUE, JUDGE

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sd/-

¶304

SHOBA ANNAMMA EAPEN, JUDGE

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MBS/

The State of Kerala v. O.K. Vidhyadharan

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The State of Kerala v. O.K. Vidhyadharan

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