Allowed

State of Kerala v. George

Kerala HC1 Sept 2022LA.App./494/2022

Case brief

AI extract

What is this about?

The High Court allowed the State's appeal against a Reference Court order enhancing compensation for land acquisition. The Court quashed the enhanced valuation based on a specific sale deed used in related cases and remitted the matter for fresh disposal.

What did the court decide?

L.A.R. No.109 of 2013 remitted for fresh disposal to the Reference Court; pending interlocutory applications closed.

State of Kerala Vs George — Land Acquisition | 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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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THURSDAY, THE 1^ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944

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LA.APP.NO. 494 OF 2022

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AGAINST THE JUDGMENT AND DECREE DATED 31.01.2017 IN L.A.R.NO.109 OF 2013 OF THE SUB COURT, THODUPUZHA APPELLANTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI, PAINAVU, KUYILIMALA, PIN – 685603.

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2 THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, PAINAVU.P.O., IDUKKI, PIN – 685603.

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BY SMT DEVISHRI R., GOVERNMENT PLEADER

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RESPONDENT/CLAIMANT:

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GEORGE

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S/O.MATHAI, THADATHIL, ARIKUZHA.P.O., MANAKKAD VILLAGE, THODUPUZHA, PIN – 685608.

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

L.A.A.No.494 of 2022

JUDGMENT

Ajithkumar, J.

This appeal is preferred against the judgment and decree dated 31.01.2017 in L.A.R.No.109 of 2013 of the Sub Court, Thodupuzha, which was related to a reference under Section 18 of the Land Acquisition Act, 1894. An extent of 5.20 Ares of land comprised in Sy.No.37/11 of Manakkadu village belonging to the respondent was acquired for widening ThodupuzhaRamamangalam Road (Reach 2) pursuant to a notification issued under Section 4(1) of the Act on 03.03.2010. Land of several other persons also were acquired as per the same notification. The Land Acquisition Officer divided the lands into five categories and the land involved in this case was categorised under 1B. The land value fixed by the Land Acquisition Officer for the lands included in category 1B is Rs.55,556/- per Are. On reference, the Reference Court enhanced and re-fixed the land value as Rs.2,76,602/- per Are. The State is aggrieved by the land value fixed by the Reference Court and hence filed this appeal.

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Heard the learned Government Pleader as also the learned counsel for the claimant.

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L.A.A.No.494 of 2022

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It is seen that there was a batch of references in

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respect of the lands acquired for the same purpose, pursuant to the same notification by including in different categories. The references were not jointly tried. It is seen that the claimants sought enhanced compensation in the proceedings based on various documents. The Reference Court took the view that the sale deed No.1142 of 2012 can be accepted for the purpose of fixing the land value of the acquired lands. Land value in various cases were fixed accordingly. In this case also the same criteria was followed and the land value was refixed. The reasoning of the Reference Court is the following:

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“12. On the basis of Ext.A2 sale deed this court has fixed the land value of the property acquired under the very same notification, which was included in Group 1A at 3,68,802/-per Are in LAR No.109/14 and that of Group 1B is fixed at 2,76,602/- per Are vide common judgment in LAR No.18/14, 19/14, 12/14, 11/14, and 71/14. The L.A.O. has included the property acquired in this case in Group 1B. So the land value of the property herein also is fixed at 2,76,602/- per Are. The land value fixed by L.A.O. is Rs.55,556/- per Are. So after deducting the above said amount the enhanced land

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L.A.A.No.494 of 2022

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value is fixed at Rs.2,21,046/- per Are. 0.0520 hectares is equal to 5.20 Ares. So the enhanced land value of the acquired property having an extent of 5.20 Ares in Sy.No.37/11 (block 10) of Manakkadu Village is fixed at Rs.11,49,439.2/- and that is rounded to Rs.11,49,439/-.”

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LA.App.No.36 of 2016 and 20 connected cases are

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relating to the acquisition of lands under the same notification. In the common judgment dated 09.07.2019 in those cases, this Court held as follows:

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“3. xx xx The reference court took the view that the documents relied on by the claimants except sale deed No.1142 of 2012 cannot be accepted for the purpose of fixing the land value of the acquired lands. Consequently, even though the sale deed referred to above is a post notification sale deed, the reference court fixed the land value for almost all the lands falling under category 1A at Rs.3,68,802/- per Are and based on the said valuation, fixed the land value for the lands included in category 1B at 25% below the land value fixed for the lands included in category 1A. As the matters were not tried together, in a few references, different land values were also fixed. Be that as it may. In terms of the judgment in LAA No.150 of 2017 and connected cases pertaining to lands acquired for the same purpose, pursuant to the same notification by including in category 1A, I have held that the land value fixation made for the said properties by the reference court based on sale deed No.1142 of 2012

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L.A.A.No.494 of 2022

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cannot be accepted. I have also found that the land value fixed by the Land Acquisition Officer is also not correct and liable to be revised. In the light of the said findings, I have remitted those matters for fresh disposal to the reference court. In so far as the basis of the fixation of land value made in these matters are the land value shown in sale deed No.1142 of 2012 and the land value fixed for the lands included in category 1A, according to me, these matters are also liable to be remitted for fresh disposal.”

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