Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE6H DAY OF FEBRUARY201417TH MAGHA, 1935` LA.App..No. 947 of 2010 ( ) ---------------------------- AGAINST THE ORDER
/JUDGMENT
IN LAR2942008 of III ADDL.SUB COURT, ERNAKULAM DATED1611-2009 APPELLANTS/RESPONDENTS: ----------------------- 1. STATE OF KERALA SPECIAL TAHSILDAR (LA), NH, NO.1 KAKKANAD.
2. THE EXECUTIVE ENGINEER, NH(B)DIVISION, KODUNGALLOOR. BY GOVERNMENT PLEADER SMT. K.T.LILLY RESPONDENT/CLAIMANT: -------------------- MANAGING DIRECTOR,M/S.MARAKKAR MOTORS LT LTD., M.G.ROAD, THIRUVANANTHAPURAM PIN-695039. BY ADVS. SRI.P.FAZIL SRI V.S.SREEJITH. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON0602-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID & ALEXANDER THOMAS,JJ.
------------------------- LAA. NO.947 OF2010------------------------- DATEDTHIS THE6H DAY OF FEBRUARY, 2014 JUDGMENT
Harun-Ul-Rashid, J.
Heard the the learned Government Pleader and the learned counsel for the respondent.
2. Respondents are the appellants. The appeal is directed against the judgment and decree in LAR.No.294/2008 on the file of the III Additional Sub Court, Ernakulam. The Land Acquisition Officer fixed the land value at the rate of `1,59,000/- per Are. The property was categorised as category No.III. The court below enhanced and fixed the land value at the rate of `3,56,043/- per Are. Aggrieved by the same, the State and another have come up in appeal. Parties are hereinafter referred to as the claimant and respondent as arrayed in the reference. -2- L.A.A.No.947/2010 3. The extent of property acquired is 3.75 Ares comprised in Sy.No.22/6 of Edappally North Village. The purpose for acquisition is for the construction of NH-17. Notification under Section 4(1) of the Land Acquisition Act was published on 14/3/2002. The Land Acquisition Officer fixed the land value at the rate of `1,59,000/- per Are. The reference court enhanced the land value and fixed at the rate of `3,56,043/- per Are. During the course of argument, the learned Government Pleader placed reliance on the judgment dated 8/7/2011 in LAA.No.916/2010, which arises from LAR.No.322/2008 on the file of the III Additional Sub Court, Ernakulam. The said case is covered under the very same notification and the property is categorised as category No.III as in this case. In the said case the Land Acquisition Officer awarded land value at the rate of `1,59,000/- per Are and the reference court re-fixed the land value at the rate of `3,33,790/- per Are. The fixation of land value by the reference court was confirmed by this Court in the judgment in LAA.No.916/2010. In -3- L.A.A.No.947/2010 the circumstances, the learned Government Pleader pointed out that the fixation of land value at the rate of `3,56,043/- per Are in this case for the same category and same nature is arbitrary and illegal.
4. It is not disputed that LAR No.322/2008 and LAA.No.9016/2010 deal with the same category of properties. The land value at the rate of `3,33,790/- fixed by the reference court was confirmed by this Court. The judgment dated 31st August, 2011 passed in L.A.A No.797/2010 arises from LAR.No.172/2008 of the same reference court. In that case also the Land Acquisition Officer awarded the land value at the rate of `1,59,000/- per Are and the reference court on evaluation of the evidence adduced by the parties, re-fixed the land value at the rate of `3,56,043/- per Are, the same land value fixed as in the present case. This Court interfered with the fixation of the land value fixed by the reference court and re-fixed the land value at the rate of `3,33,800/- per Are. In the judgment dated 8th January, 2010 passed in LAA.No.1117/90 also this Court fixed the same land value for similar lands acquired -4- L.A.A.No.947/2010 under the notification. In the light of the judgments referred above, the respondent/claimant is entitled to the land value only at the rate of `3,33,800/- per Are. In the result, the appeal is partly allowed. The land value fixed by the reference court stands modified. The respondent/claimant is entitled to the land value at the rate of `3,33,800/- per Are. HARUN-UL-RASHID, Judge. ALEXANDER THOMAS, Judge. kcv.