Kerala High Court
U.Gopalakrishnan vs The Special Tahsildar on 2 January, 2013
Author: S. Siri Jagan
Bench: S.Siri Jagan, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 2ND DAY OF JANUARY 2013/12TH POUSHA 1934
LA.App..No. 513 of 2012 (C)
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LAR.21/2008 of ADDL.SUB COURT, PALAKKAD
APPELLANT/CLAIMANT NOS. 1 & 3 TO 6:
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1. U.GOPALAKRISHNAN
S/O.UNNIKRISHNAN, CHELLANKAVUKALAM, KANCHIKODE
PUDUSSERI, PALAKKAD, PIN-678 623.
2. SUDHEESHKUMAR, AGED 37 YEARS
S/O.LATE RUGMANI, CHELLANKAVUKALAM, KANCHIKODE
PUDUSSERI, PALAKKAD, PIN-678 623.
3. RAJESHKUMAR, AGED 35 YEARS
S/O.LATE RUGMANI, CHELLANKAVUKALAM, KANCHIKODE
PUDUSSERI, PALAKKAD, PIN-678 623.
4. NIDHEESH KUMAR, AGED 33 YEARS
S/O.LATE RUGMANI, CHELLANKAVUKALAM, KANCHIKODE
PUDUSSERI, PALAKKAD, PIN-678 623
5. PRATHYUSHKUMAR, AGED 31 YEARS
S/O.LATE RUGMANI, CHELLANKAVUKALAM, KANCHIKODE
PUDUSSERI, PALAKKAD, PIN-678 623
BY ADV. SRI.T.R.RAJAN
RESPONDENTS:
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1. THE SPECIAL TAHSILDAR
LA (G) NO.1, PALAKKAD, PIN-678 001.
2. THE SECRETARY
PALAKKAD MUNCIPALITY, PALAKKAD, PIN-678 001.
BY ADV. SRI.T.C.SURESH MENON
BY ADV. SRI.P.S.APPU
BY ADV. SRI.A.R.NIMOD
BY ADV. SRI.K.A.ANAS
BY GOVERNMENT PLEADER SRI. E.M. ABDULKHADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
02-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. SIRI JAGAN & C.K. ABDUL REHIM, JJ.
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L.A.A No. 513 OF 2012
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DATED THIS THE 2nd DAY OF JANUARY, 2013
J U D G M E N T
S. Siri Jagan, J:
This appeal arises from the judgment of the Sub Court, Palakkad in LAR No.21/2008. Under a notification dated 10-01-1981 under the then Land Acquisition Act, 102.75 cents of dry-cum-wet land was acquired from the appellants. The Land Acquisition officer fixed land value @ Rs.230/- per cent. By the impugned award the reference court enhanced to Rs.573/- per cent. The appellant has filed this appeal challenging the fixation of the land value. One of the contentions raised by the appellant is that in LAA No.93/1993 arising out the same acquisition, in respect of identical lands near to the petitioner's land, this court has fixed the land value at Rs.4,000/- per cent. The judgment in that appeal has been produced and marked in the LAR as well. But despite that fact the reference court fixed the land value only at Rs.573/- per cent is the grievance of the LAA No.513/2012 -2- appellant. There is no evidence before us to come to the conclusion that the land involved in LAA No.93/1993 and the land involved in this appeal are similar even. The reference court came to the conclusion that going by that award the land value should have been between Rs.573/- Rs.2,000/- per cent. If that be so, we are at a loss to understand how the entire 102.75 cents were valued only at Rs.576/- per cent. But of course fixation of land value based on the judgment in LAA No.93/1993 can only be after being satisfied that both the land are identical or at least similar. From the judgment impugned we do not find that the reference court has undertaken such an exercise to find out whether the two lands are identical or similar. We are of the opinion that the reference court should undertake that exercise to decide the land value in this case after comparing the two lands if necessary by taking additional evidence. For that purpose we set aside the judgment in LAR No.21/2008, of the Sub Court, Palakkad and remand the said LAR for re-consideration on the basis of LAA No.513/2012 -3- observations made above, after affording an opportunity to both sides to adduce evidence on the question as to whether the properties in LAA No.93/1993 and in this reference are identical or similar. Parties shall appear before the Sub Court on 11-02-2013 for further proceedings in the L.A.R.
2. The Land Acquisition Appeal is disposed of accordingly.
3. Since we are remanding the matter for fresh consideration by the lower court, the court fee paid by the appellants in these appeals shall be refunded to them in accordance with the provisions of the Kerala Court Fees and Suits Valuation Act.
Sd/-
S. SIRI JAGAN, JUDGE.
Sd/-
C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge