Allowed

K.Omana v. State of Kerala

Kerala HC17 Nov 2022LA.App./206/2021

Case brief

AI extract

What is this about?

High Court allowed land acquisition appeals, classifying acquired wetlands as Category IV(b) with road access, entitling claimants to enhanced compensation of Rs.3,43,276/- per are as per prior judgment standards without a new survey commission.

What did the court decide?

Land classified under Category IV(b); compensation fixed at Rs.3,43,276/- per are; consequential statutory benefits and costs awarded.

K.Omana Vs State of Kerala — Landlord and Tenant | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA,

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1944

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LA.APP. NO. 124 OF 2021

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JUDGMENT DATED 30.11.2019 IN LAR 59/2011 OF SUB COURT, PERUMBAVOOR

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APPELLANT/CLAIMANT NO.1:

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K.OMANA,

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ERAVELIL HOUSE, HOUSE NO 19/2187 A, NAMBYARPURAM ROAD, PALLURUTHY, KOCHI 682006

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BY ADVS. C.P.WILSON SMT.ROSE MICHAEL

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, PIN 682030

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2 CHIEF EXECUTIVE OFFICER INFOPARK, KUSUMAGIRI, KAKKANADU, PIN 682030

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BY ADVS.

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K.A.ABDUL SALAM - R2 SUNIL V.MOHAMMED - R2 SRI.JACOB P. SIMON, GOVERNMENT PLEADER - R1

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 17.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.APP. NO. 124/2021 & con. cases

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..2..

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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 A.MUHAMED MUSTAQUE

¶25

¶26

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA,

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1944

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LA.APP. NO. 196 OF 2021

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JUDGMENT DATED 30.11.2019 IN LAR 97/2011 OF SUB COURT, PERUMBAVOOR

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APPELLANT/CLAIMANT NO.3:

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TRUPTHA MURALEEDHARAN, D/O.MURALEEDHARAN, ERAVELIL HOUSE, HOUSE NO.19/2187 A, NAMBYARPURAM ROAD, PALLURUTHY, KOCHI - 682 006.

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BY ADVS. C.P.WILSON

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ROSE MICHAEL

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, PIN - 682 030.

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2 CHIEF EXECUTIVE OFFICER, INFOPARK, KUSUMAGIRI, KAKKANADU, PIN - 682 030.

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BY ADVS. SRI.K.A.ABDUL SALAM, SC, INFOPARK - R2 SUNIL V.MOHAMMED GP – SRI.JACOB P. SIMON - R1

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 17.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.APP. NO. 124/2021 & con. cases

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..3..

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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 A.MUHAMED MUSTAQUE

¶45

¶46

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA,

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1944

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LA.APP. NO. 206 OF 2021

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JUDGMENT DATED 30.11.20019 IN LAR 67/2011 OF SUB COURT,

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PERUMBAVOOR

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APPELLANT/CLAIMANT NO.1 IN LAR 67/2011:

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K.OMANA, AGED 62 YEARS, ERAVELIL HOUSE, HOUSE NO.19/2187 A, NAMBYARPURAM ROAD, PALLURUTHY, KOCHI - 682 006.

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BY ADVS. C.P.WILSON ROSE MICHAEL

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RESPONDENTS/RESPONDENTS IN LAR 67/2011:

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1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, PIN - 682 030.

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2 CHIEF EXECUTIVE OFFICER, INFOPARK, KUSUMAGIRI, KAKKANADU, PIN - 682 030.

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BY ADVS. K.A.ABDUL SALAM - R2 SUNIL V.MOHAMMED - R2

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GP – SRI.JACOB P. SIMON - R1

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 17.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.APP. NO. 124/2021 & con. cases

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..4..

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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 A.MUHAMED MUSTAQUE

¶66

¶67

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA,

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1944

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LA.APP. NO. 142 OF 2021

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JUDGMENT DATED 30.11.2019 IN LAR 65/2011 OF SUB COURT,

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PERUMBAVOOR

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APPELLANT/CLAIMANT:

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TRUPTHA MURALEEDHARAN, AGED 28 YEARS D/O. MURALEEDHARAN, ERAVELIL HOUSE, HOUSE NO. 19/2187 A, NAMBYARPURAM ROAD, PALLURUTHY, KOCHI - 682006.

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BY ADVS. C.P.WILSON

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ROSE MICHAEL

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, PIN - 682030.

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2 CHIEF EXECUTIVE OFFICER, INFOPARK, KUSUMAGIRI, KAKKANADU, PIN - 682030.

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BY ADVS. K.A.ABDUL SALAM - R2 SUNIL V.MOHAMMED - R2 K.A.THANU MOL - R2 GP – SRI.JACOB P. SIMON - R1

¶81

THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 17.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.APP. NO. 124/2021 & con. cases

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..5..

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LAA Nos. 124, 142, 196 & 206 of 2021

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JUDGMENT

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A. MUHAMED MUSTAQUE, J.

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These appeals arise from a common judgment in land acquisition references on the file of the Sub Court, Perumbavoor.

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We need not dwell much into the claim for

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enhancement inasmuch as in respect of the same acquisition, this Court, in LAA No.664/2014 and a batch of connected cases, by judgment dated 27.02.2018, categorized various types of lands and fixed land value for each category. The category of lands, as fixed by this Court

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in the above judgment, is as follows;

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Category I(a) Dry land (garden land) with access to tar road

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LA.APP. NO. 124/2021 & con. cases

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	..6..
Category I(b)	Dry land (garden land) with access to mud/gravel road
Category I(c)	Dry land (garden land) having no road access
Category II(a)	Reclaimed land (filled up land) having access to tar road
Category II(b)	Reclaimed land (filled up land) having access to mud/gravel road
Category II(c)	Reclaimed land (filled up land) having no road access
Category III(a)	Wet land with coconut on bunds having access to tar road
Category III(b)	Wet land with coconut on bunds having access to mud/gravel road
Category III(c)	Wet land with coconut on bunds having no road access
Category IV(a)	Wetland having access to tar road
Category IV(b)	Wet land having access to mud/gravel road
Category IV(c)	Wet land having no road access

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LA.APP. NO. 124/2021 & con. cases

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..7..

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The land value fixed for each category is

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found in the said judgment as follows;

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Category I(a)	Rs.7,06,745/- per Are (-30% from 10,09,636/-)
Category I(b)	Rs.6,00,733/- per Are (-15% from 7,06,745/-)
Category I(c)	Rs.4,24,047/- per Are (-40% from 7,06,745/-)
Category II(a)	Rs.6,05,782/- per Are (-40% from 10,09,636/-)
Category II(b)	Rs.5,14,915/- per Are (-15% from 6,05,782/-)
Category II(c)	Rs.3,63,469/- per Are (-40% from 6,05,782/-)
Category III(a)	Rs.5,04,818/- per Are (-50% from 10,09,636/-)
Category III(b)	Rs.4,29,095/- per Are (-15% from 5,04,818/-)
Category III(c)	Rs.3,02,891/- per Are (-40% from 5,04,818/-)
Category IV(a)	Rs.4,03,854/- per Are (-60% from 10,09,636/-)
Category IV(b)	Rs.3,43,276/- per Are (-15% from 4,03,854/-)
Category IV(c)	Rs.2,42,312/- per Are (-40% from 4,03,854/-)

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Now, the lands acquired from the appellants in these appeals are classified under Category

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LA.APP. NO. 124/2021 & con. cases

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..8..

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category of their lands should be IV(b).

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Heard the learned counsel for the appellants,

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the learned Government Pleader and the learned Standing Counsel for the INFOPARK.

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The land in each case is a small parcel of land purchased from a real estator, viz., Suryanelli Planters. They purchased a large extent of land and sold as small plots to various buyers. Admittedly, these lands have been identified as wetlands. There cannot be any quarrel in regard to the nature of land at distance of time.

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The point to be considered is as to whether the lands of the appellants had road access or not. It is to be noted that in Ext.A4, one of the title deeds, it is specifically stated that road is on west and north. We cannot assume that small plots purchased from the real estator are without any access. The lands

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LA.APP. NO. 124/2021 & con. cases

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involved in these cases altogether are of

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nearly 15 cents. There is no dispute to the

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fact that each of the appellants purchased the lands separately from the real estator.

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The learned Standing Counsel as well as the

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learned Government Pleader submitted that the appellants had to take out a commission to prove their claim that the plots are having road access.

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It is to be noted that after taking possession of the land by the INFOPARK, they developed it before the proceedings in the matter are concluded by the Sub Court, Perumbavoor, and the claimants are not in a position to take out commission to prove that each of the plots is having separate access, for the reason that now the entire acquired land remains as single developed estate.

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10.As we already noted, each of these appellants purchased small plots from the real estator

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LA.APP. NO. 124/2021 & con. cases

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..10..

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and it cannot be believed that they purchased

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such plots without any access. We are, in such circumstances, of the view that the appeal has to be allowed, classifying their land under

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Category IV(b) and entitling them for a compensation fixed in accordance with the judgment dated 27.02.2018 for such land in LAA No.664/2014, i.e., Rs.3,43,276/- per are. The

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appellants would also be entitled to all consequential statutory benefits including costs in these appeals.

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The appeals are ordered accordingly.

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Sd/-

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A. MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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bka/-

K.Omana v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.Omana v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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