Kerala High Court
State Of Kerala vs Lekha.V.S on 7 December, 2018
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY ,THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
LA.App..No. 606 of 2014
AGAINST THE JUDGMENT AND DECREE IN LAR 173/2003 of II ADDL.SUB
COURT,TRIVANDRUM DATED 29-06-2013
APPELLANT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
THIRUVANANTHAPURAM.
SR.GOVERNMENT PLEADER SRI.A.K.SUKUMARAN
RESPONDENT/CLAIMANT:
LEKHA.V.S.
T/C.31/120, DEEPTI, CHAKAI, VAYYAMOOLA MURI, PETTAH
P.O., THIRUVANANTHAPURAM, REPRESENTED BY POWER OF
ATTORNEY HOLDER, P.SUDHAKARAN, T.C 31/120.
BY ADV. SRI.LAL GEORGE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
05.12.2018, THE COURT ON 07.12.2018 DELIVERED THE FOLLOWING:
L.A.A.No.606/2014
2
V.CHITAMBARESH
&
R.NARAYANA PISHARADI, JJ.
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L.A.A.No.606 of 2014
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Dated this the 7th day of December, 2018
JUDGMENT
R.Narayana Pisharadi, J This appeal arises out of the judgment dated 29.06.2013 passed by the Second Additional Sub Court, Thiruvananthapuram in L.A.R.No.173 of 2003.
2. An extent of 04.08 Ares of land owned by the respondent was acquired for construction of a new International Passenger Terminal at Chackai. Notification under Section 4(1) of the Land Acquisition Act was published on 04.02.1999. The land was taken possession on 31.07.2002. The Land Acquisition Officer granted compensation to the respondent fixing the land value at Rs.98,712/- per Are and Rs.91,867/- per Are respectively by considering the land as two units. The reference L.A.A.No.606/2014 3 court enhanced the compensation by refixing the land value at Rs.4,50,000/- per Are for the entire property as a single unit. The State has come up in appeal.
3. We have heard learned Government Pleader and also the learned counsel for the respondent. We have also perused the records.
4. Earlier, the reference court had enhanced the compensation by refixing the land value at Rs.2,00,000/- per Are. The respondent - claimant then filed appeal as L.A.A.No.365 of 2009 against the award passed by the reference court. The aforesaid appeal was allowed by this Court and the case was remanded to the court below for reconsideration. This Court had observed in the judgment in L.A.A.No.365 of 2009 that it was open to the claimant to adduce further evidence and that she can rely on the judgment of this Court with respect to comparable property in the same village for fixing higher rate than the value awarded. This Court had also observed that it was open to the Government also to rely on the judgments of this Court.
L.A.A.No.606/20144
5. After the remand of the case, the respondent - claimant produced two judgments before the court below which were marked as Exts.A5 and A6. Ext.A5 is a copy of the judgment of the Sub Court in some other cases. There is no material to find that Ext.A5 judgment has become final. Therefore, land value cannot be fixed on the basis of Ext.A5 judgment. Ext.A6 is the copy of judgment of this Court in L.A.A.No.1145 of 2010 and some other appeals. The notification under Section 4(1) of the Land Acquisition Act was published on 10.08.2004 in respect of the land involved in those cases. As per Ext.A6 judgment, the land value fixed by this Court is Rs.10,00,000/- per Are. Considering the interval of time between the dates of the notifications in the present case and in L.A.A.No.1145 of 2010, the court below reduced the land value by 55% and fixed the same at Rs.4,50,000/- per Are.
6. Learned Government Pleader has brought to our notice the judgment of this Court in L.A.A.No.867 of 2014. In that case, notification under Section 4(1) of the Land Acquisition Act was published on 04.02.1999, as in the present case. The L.A.A.No.606/2014 5 land involved in L.A.A.No.867 of 2014 was acquired for the same purpose, that is, construction of the new International Passenger Terminal at Chakkai. The land involved in that case is also in the same village as in the present case. The respondent has got no plea that the land involved in L.A.A.No.867 of 2014 is not of a similar nature. In these circumstances, the land value fixed by this Court in L.A.A.No.867 of 2014, that is, Rs.2,25,000/- per Are, can be adopted in the present case also.
7. Learned counsel for the respondent contended that the land value fixed by the court below is proper. Learned counsel would rely upon Ext.A1 document in support of his contention. Ext.A1 sale deed would show that 2.22 Ares of property in the same village was sold on 04.08.1997 for a total consideration of Rs.8,00,000/-. But, there was a building in that property and it had a compound wall also. The contents of Ext.A1 document would show that the consideration towards the value of the land given was Rs.4,50,000/-. The balance amount of Rs.3,50,000/- was given towards the value of the building. Therefore, even as per Ext.A1 document, the land value is less L.A.A.No.606/2014 6 than Rs.2,25,000/- per Are.
8. In the aforesaid circumstances, based on the judgment of this Court in L.A.A.No.867 of 2014, we find that the compensation granted by the reference court has to be reduced by refixing the land value at Rs.2,25,000/- per Are.
Consequently, the appeal is allowed. The value of the land acquired is refixed at Rs.2,25,000/- per Are. The respondent will be entitled to get all other statutory benefits. No costs.
(sd/-) V.CHITAMBARESH, JUDGE (sd/-) R.NARAYANA PISHARADI, JUDGE jsr True Copy PS to Judge