Kerala High Court
Claimant vs The State Of Kerala Represented By The on 15 March, 2008
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938
LA.App..No. 1548 of 2008 ( )
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AGAINST THE ORDER/JUDGMENT IN LAR 324/2004 of I ADDL.SUB
COURT,TRIVANDRUM DATED 15-03-2008
APPELLANT(S):CLAIMANT
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S.RAMAMOORTHY, RESIDING AT T.C.40/850,
SREEVARAHAM, MANACADU P.O., THIRUVANANTHAPURAM. (DIED AND
LEGAL HEIRS IMPLEADED)
ADDL.APPELLANTS:
2. ANAND, AGED 44, S/O. LATE RAMAMOORTHY, T.C.25/218,
ELANJI LANE, PULIMOODU, THIRUVANANTHAPURAM - 695001.
3. RATHNAKUMAR, AGED 40, S/O. LATE RAMAMOORTHY,
RESIDING AT T.C.36/1783/12, SREE GURUVAYOORAPPAN,
V.K.K. NAGAR, PERUMTHANNI, THIRUVANANTHAPURAM.
4. NAGAMUTHULEKSHMI, D/O. SOODAMANI, 218D/49,
ARUNACHALAM COLONY, ASSEMBU ROAD, VADASSERY, NAGARCOIL-1.
(LEGAL HEIRS OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADD.
APPELLANTS 2 TO 4 VIDE ORDER DT.8.11.2016 IN IA 1113/16)
BY ADV. SRI.R.T.PRADEEP
RESPONDENT(S):
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1. THE STATE OF KERALA REPRESENTED BY THE
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2. THE EXECUTIVE ENGINEER, P.W.D.
(ROAD SECTION), THIRUVANANTHAPURAM.
R BY GOVT.PLEADER SMT. K.M. RASHMI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-
11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N. Ravindran &
Dama Seshadri Naidu, JJ.
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L.A.A.No.1548 of 2008
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Dated this the 21st November, 2016
JUDGMENT
P.N. Ravindran, J.
The appellants are the legal heirs of the claimant in L.A.R.No.324 of 2004 on the file of the Court of the First Additional Subordinate Judge of Thiruananthapuram. A bit of land, 0.49 Ares in extent, situate in Sy. No.1724/20 of Thycaud Village, Thiruvananthapuram Taluk, lying by the side of the National Highway from Killippalam to Karamana, belonging to the predecessor-in-interest of the appellants was acquired for widening the said road, pursuant to the notification dated 22.7.1999 issued under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short). By award passed on 16.6.2001 the Land Acquisition Officer awarded land value at the rate of Rs.2,07,774/- per Are. Dissatisfied with the land value awarded by the Land Acquisition Officer, the claimant received the amount of compensation awarded under protest and sought a reference of the dispute regarding land value to the competent civil court. A reference was accordingly made to the Court of the Subordinate Judge of Thiruvananathapuram where it was taken on file and numbered as L.A.R.No.324 of 2004.
LAA 1548/2008 2
2. Before the reference court, the respondents entered appearance and filed written statements contending that just and fair compensation has been awarded. Though the claimant had filed a claim statement claiming land value at the rate of Rs.4,00,000/- per cent, he did not adduce any evidence oral or documentary, with the result, the reference court answered the reference against him on that short ground. Aggrieved, the claimant filed this appeal. While the appeal was pending, the claimant and his wife committed suicide on 19.12.2010. His legal heirs thereupon got themselves impleaded as additional appellants 2 to 4 by filing I.A.No.1113 of 2016 which was allowed by order passed on 8.11.2016 and the appeal is being prosecuted by the legal heirs. In this appeal the appellants pray for award of land value at the rate of Rs.4,00,000/- per cent.
3. Along with the memorandum of appeal the additional appellants have produced as Annexure A1, a copy of the award passed by the very same reference court on 18.11.2006 in L.A.R.No.108 of 2003 whereby the reference court enhanced the land value in respect of the lands acquired for the III reach of the very same road from Rs.1,64,673/- per Are to Rs.6,00,000/- per Are.
4. We heard Sri R.T. Pradeep, learned counsel appearing for the appellants and Smt. K.M. Rashmi, learned Government Pleader LAA 1548/2008 3 appearing for the respondents. We have also gone through the pleadings and the materials on record. The records disclose that the reference was answered against the claimant for the reason that he had not adduced any oral or documentary evidence in support of his claim for enhanced compensation. The fact however remains that in respect of lands situate by the side of the very same road, this court had by judgment delivered on 20.1.2009 in L.A.A.No.2021 of 2008 affirmed enhancement of the land value by the reference court from Rs.3,30,000/- per Are to Rs.6,00,000/- per Are. It is also not in dispute that in L.A.A.No.234 of 2009, an appeal filed by the State of Kerala from the decree and judgment in L.A.R.No.284 of 2005 on the file of the very same reference court, this court had upheld the enhancement of land value from Rs.2,07,774/- per Are to Rs.6,17,284/- per Are. The lands involved in L.A.A.No.234 of 2009 were acquired pursuant to the very same notification for widening the very same stretch of road. Since the land involved in the instant case and the land involved in L.A.A.No.234 of 2009 were lying by the side of National Highway and were acquired for the very same purpose, we are of the opinion that the land value awarded by this court in L.A.A.No.234 of 2009 can justifiably be awarded in thee instant case. We accordingly refix the land value in respect of the acquired land at LAA 1548/2008 4 Rs.6,17,284/- per Are.
We accordingly allow the appeal in part and in modification of the decree and judgment passed by the trial court, award to the appellants, land value at the rate of Rs.6,17,284/- per Are in respect of 0.49 Ares of land situate in Sy. No.1724/20 of Thycaud Village, Thiruvananthapuram Taluk, Thiruvananthapuram District. The appellants will also be entitled to all statutory benefits under the Act as also proportionate costs in this court.
(P.N. Ravindran, Judge) (Dama Seshadri Naidu, Judge) kav/