Kerala High Court
State Of Kerala vs Anirudhan on 24 September, 2014
Bench: T.R.Ramachandran Nair, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2014/2ND ASWINA, 1936
LA.App..No. 328 of 2012 ()
---------------------------
AGAINST THE ORDER/JUDGMENT IN LAR 87/2006 of II-ADDL.SUB
COURT,TRIVANDRUM
APPELLANT(S)/1ST RESPONDENT IN LAR:
------------------------------------------------------------
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER R. PADMARAJ
RESPONDENT(S)/CLAIMANTS IN LAR:
-----------------------------------------------------
1. ANIRUDHAN,
S/O.CHAKKRAPANI, RESIDING AT KUMARAN VILAKOM
KULATHOOR P.O., ATTIPRA VILLAGE, THIRUVANANTHAPURAM
PIN-695 039.
2. T.ANITHA
W/O.ANIRUDHAN, RESIDING AT KUMARAN VILAKOM
KULATHOOR P.O., ATTIPRA VILLAGE
THIRUVANANTHAPURAM-695039.
BY ADV. SRI.K.P.SUJESH KUMAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
24-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LSN
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
--------------------------------------------------------
L.A.A No. 328 OF 2012
---------------------------------
Dated this the 24th day of September, 2014
J U D G M E N T
Ramachandran Nair,J.
The State is aggrieved by the judgment rendered by the Reference Court in L.A.R.No. 87/06. We find from the details that the acquired property is having an extent of 0.70 Ares in Survey No. 274/22 of Attipra Village. This was acquired for widening of road from Mukkola Junction. The date of 4(1) notification is 09.04.1999 and the Land Acquisition Officer passed an award on 26.11.2001. The land value fixed is at Rs.42,447/- per Are, and the property was taken possession on 27.11.01.
2. The claimant claimed an amount of Rs.3,00,000/-. Before the court below, the claimant was examined as AW1 and Ext.A1 is the certified copy of sale deed No.1644/96 and Ext.A2 is the copy of sale deed No.1792/00. As per Ext.A1 sale deed, 3.366 cents of land in Attipra Village was sold for Rs.1,75,000/- on 10.06.1996 and as per Ext.A2 sale deed, 4.466 cents of land in the same village was sold for Rs.2,70,000/- in the year 2000.
L.A.A No. 328 OF 2012 2
3. The court below considered both documents as well as the evidence of the party. The appellant did not adduce any oral evidence and did not even produce the basic document.
4. We have gone through the notes of the award, a copy of which was made over by the learned counsel for the claimant. It is seen that the basic document is taken as sale deed No.100/99 dated 11.01.99, where the property is having 9 cents of extent in Survey No. 250/08 of Attipra village. Property along with the terraced building was sold for a consideration of Rs.1,80,000/-.
5. The value of land has been fixed by earmarking Rs.25,000/- as the value of the terraced building and finally the land value has been fixed after deducting the value of improvements, at Rs.17,178/- per cent.
6. Evidently, the basic land cannot be compared with the acquired land since in the basic land, a terraced building is there. In the acquired land, no building was there and there were three coconut trees. The acquired land is on the side of the NH-bye pass road. Even though, 7 other documents were also verified by Land Acquisition Officer of the same Village, none of them were accepted .
L.A.A No. 328 OF 2012 3
7. We find that the document Ext.A1 is of the year 1996. Going by the evidence of AW1, she stated that the said property is near the acquired property. Even though AW1 was cross-examined and no suggestions have been put to discredit her statement. Therefore, it is clear that Ext.A1 property is near to the acquired property. It is true that no location sketch has been produced by the claimant. But still, according to us, if a normal increase is made of the land value reflected in Ext.A1, it cannot be said that the land value granted by the Reference Court is exorbitant. Going by the discussion under Point No.1, it can be seen that in Ext.A1 sale deed the value of one cent is Rs. 52,006/- and the land value now fixed by the court below is Rs.70,000/- per cent.
The increase of the land value per year is obviously between 10% to 12%, which cannot be said to be exorbitant. If that be so, we do not find any reason to interfere with the judgment of the Reference Court. Accordingly the appeal is dismissed.
Sd/-T.R.RAMACHANDRAN NAIR Judge.
Sd/- P.V.ASHA, Judge.
True Copy P.A to Judge lsn