Allowed

Vasantha Senan v. State of Kerala

Kerala HC4 Jan 2024LA.App./39/2013

Case brief

AI extract

What is this about?

Land acquisition appeal concerning compensation for 0.22 Ares and part of a building. Applying an exemplar for land acquired under the same notification, the court refixed land value at Rs.12,35,000 per Are and proportionately enhanced structure value using a multiplier of 6.24.

What did the court decide?

Land value refixed at Rs.12,35,000/- per Are; structure value enhanced to Rs.1,31,807/- with statutory benefits, less amount already paid.

Vasantha Senan Vs State of Kerala — Land Acquisition | Kerala HC (2024)

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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 P.G. AJITHKUMAR

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THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945

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LA.APP. NO. 39 OF 2013

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AGAINST THE JUDGMENT AND DECREE DATED 14.12.2011 IN L.A.R. 29/2009 OF ASSISTANT

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I ADDITIONAL SUB COURT,THIRUVANANTHAPURAM

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APPELLANTS/CLAIMANTS:

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1VASANTHA SENAN
PLAVILAKATHU VEEDU, VENPALAVATTOM,
KADAKAMPALLY VILLAGE.

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2J.M.SHEELA
PLAVILAKATHU VEEDU, VENPALAVATTOM,
KADAKAMPALLY VILLAGE.

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BY ADV B.ANANTHU

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RESPONDENTS/RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-695001.

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2 THE SECRETARY TRIDA, THIRUVANANTHAPURAM-695001.

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ADV.SMT. PUSHPALATHA M.K. SR GP FOR R1
ADV.K.A.JALEEL, SC FOR R2

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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L.A. Appeal No.39 of 2013

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JUDGMENT

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Dated this the 04^th day of January, 2024

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This appeal is filed under Section 54 of the Land Acquisition, 1984 challenging the judgment and decree in L.A.R. No.29/2009 on the file of the 1^st Additional Sub Court, Thiruvananthapuram. L.A.R. No.29/2009 was disposed of along with five other land acquisition references by the common judgment dated 14.12.2011. As per the impugned judgment, value of the acquired land belonging to the appellants was enhanced to Rs.10,91,500/-.

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Value of the structure in the acquired land was fixed by the Land Acquisition Officer as Rs.21,123/-. The land value was fixed by the Land Acquisition Officer as Rs.1,97,775/- per Are. 0.22 Ares of land along with the structure thereon was acquired. The appellants received the compensation and on the reference under Section 18 of the Act, L.A.R. No.29/2009 was initiated.

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Before the reference court, a joint trial was held.

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L.A. Appeal No.39 of 2013

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AWs 1 to 5 were examined and Exts.A1 to A4(b) were marked on the side of the claimants. Exts.R1 to R13 were marked on the side of the respondents. The reference court after considering the evidence on record, particularly, the order of this Court in L.A.A. No.151/2011, Ext.A2 refixed the land value as Rs.10,91,500/- per Are. L.A.A. No.151/2011 was with respect to acquisition of land of similar nature. Accepting the value fixed by this Court as exemplar, the court below enhanced the land value as Rs.10,91,500/- after due deduction in consideration of the fact that Ext.A2 land was superior in nature.

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The claim of the appellants concerning the structure on the acquired land was Rs.4,00,000/-. In support of the said claim, the appellants placed reliance on Exts.A4 and A4(a) which are the copies of the commission report and valuation certificate filed in O.S. No.68/2008. As per Exts.A4(b), AW3 the expert, valued the building at Rs.10,36,771/-. After depreciation for five years, the value of the building was quantified as Rs.8,90,586/-. The appellants placing reliance on the said valuation claimed Rs.4,00,000/- by limiting their

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L.A. Appeal No.39 of 2013

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claim.

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Heard the learned counsel for the appellants and the

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learned Senior Government Pleader.

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From the mahazar, which is available with the notes to award, it is seen that a portion of the building alone was acquired. The area of the land acquired is 0.22 Ares. A portion from a larger extent of land was acquired. Neither in the mahazar nor in the valuation statement prepared by the Land Acquisition Officer the area of the part of the building that was acquired is decipherable.

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From the oral testimony of AW3 and also Ext.A4(b) report, it is seen that the whole building was valued. Since, no data is available as to what portion of the building was acquired or rather comes within the area of the acquired land, it is quite impossible to quantify the value of the portion of the building that was acquired based on Ext.A4(b). Therefore, the evidence of AW3 or Ext.A4(b) does not help to have a finding as to the compensation for the structure entitled by the appellants.

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The contention of the appellants as regards the

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L.A. Appeal No.39 of 2013

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value of the land is that the deduction of 10% brought about by the reference court is incorrect. The learned counsel for the appellants placed reliance on the judgment of this Court in L.A.A. No.846/2012 where value of the land which also comprises in same category and acquired under the same notification, viz. notification dated 26.06.2006 value for that land was fixed as Rs.12,35,000/-. The property involved in L.A.A. No.846/2012 and this case were included by the land acquisition officer in category A. When both properties were acquired under the same notification and for the same purpose, there is no justification in denying appellants, the value awarded by this Court in the similar matter.

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In that view of the matter, the value of the acquired land belonging to the appellants is liable to be refixed as Rs.12,35,000/- per Are. Appellants are entitled to get enhanced compensation for the acquired land at that rate.

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Coming back to the value of the structure, as stated, appellants are not entitled to get the claim for enhancement based on evidence of AW3 or Ext.A4(b). However, when the land value fixed by the land acquisition officer at

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L.A. Appeal No.39 of 2013

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Rs.1,97,775/- per Are was enhanced to Rs.12,35,000/-, the appellants’ claim for enhancement of the value of the structure is also liable to be refixed in the same proportion. When land value of Rs.1,97,775/- is enhanced to Rs.12,35,000/- the multiplying factor is 6.24. Applying the same multiplier, the value of the structure of Rs.21,123/- fixed by the Land Acquisition Officer shall be Rs. 21,123x6.24=Rs.1,31,807/-. The appellants are entitled to get the said amount after deducting the value of structure already paid. The appellants are also entitled to get all the statutory benefits on the additional compensation.

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The appeal is allowed accordingly.

Sd/-

P.G.AJITHKUMAR

JUDGE

SMF

Vasantha Senan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vasantha Senan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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