Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945 LA.APP. NO. 66 OF 2018 AGAINST THE JUDGMENT DATED 27/2/2009 IN LAR 65/2005 OF SUBORDINATE COURT, PATHANAMTHITTA APPELLANT/CLAIMANT: JAMEELA BEEVI, W/O. ASIFF SAHIB, MADEENA NIVAS, MANGADU MURI. BY ADVS. SRI.T.K.KOSHY SRI.G.UDAYABHANU RESPONDENTS/RESPONDENTS 1 & 2: 1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN - 689 645. 2 MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM. BY ADV SMT.LATHA ANAND - SC FOR R2 SMT.S.L. SYALAJA. GP. - FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 22.01.2024, ALONG WITH LA.App..367/2017, 378/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945 LA.APP. NO. 367 OF 2017 AGAINST THE JUDGMENT DATED 17/8/2009 IN LAR 60/2005 OF SUBORDINATE COURT, PATHANAMTHITTA
APPELLANTS/CLAIMANTS 1 & 2: 1 MARY KUTTY, W/O.GEORGE, PEEDIKAYIL PARAKODU MURI. 2 GEORGE S/O.GEEVARGHESE, VALLABHITHINAL PADINJATTETHIL, BHAGAVATHIKUM PADINJARE MURIYIL, PANDALAM, THEKKEKARA VILLAGE. BY ADVS. SRI.T.K.KOSHY SRI.G.UDAYABHANU RESPONDENTS/RESPONDENTS 1 & 2: 1 THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689645. 2 MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. BY ADV SMT.LATHA ANAND - FOR R2 SRI.G.S.REGHUNATH - SC FOR R2 SMT.S.L. SYALAJA. GP.- FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 22.01.2024, ALONG WITH LA.App..66/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945 LA.APP. NO. 378 OF 2017 AGAINST THE JUDGMENT DATED 17/08/2009 IN LAR 68/2005 OF SUBORDINATE COURT, PATHANAMTHITTA
APPELLANTS/CLAIMANTS 1 & 2: 1 M.S.DANIEL, S/O.SAMUEL, GRACE VILLA, PULLARIMAGALAM MURI, PANDALAM, THEKKEKARA VILLAGE. 2 JESSY DANIEL, W/O. DANIEL, GRACE VILLA, PULLARIMAGALAM MURI, PANDALAM, THEKKEKARA VILLAGE. BY ADVS. SRI.T.K.KOSHY SRI.G.UDAYABHANU RESPONDENTS/RESPONDENTS 1 & 2: 1 THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN - 689 645. 2 MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. BY ADV SMT.LATHA ANAND - FOR R2 SRI.G.S.REGHUNATH SMT.S.L. SYALAJA. GP.- FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 22.01.2024, ALONG WITH LA.App..66/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
-------------------------------------------- [LA.App. Nos.66/2018, 367/2017 & 378/2017] -------------------------------------------- Dated this the 22nd day of January, 2024
JUDGMENT
These three appeals have been filed seeking enhancement of the compensation that has been awarded by the Subordinate Court, Pathanamthitta. When the case is taken up, it is submitted by the counsel on either side that the issue has attained finality by the judgment of the Hon’ble Supreme Court in Kunjamma and Another v. State of Kerala and Another [2016 (2) KHC 503]. The above
judgment was rendered in cases relating to the same
acquisition and similar lands. The Hon’ble Supreme Court enhanced the land value for Category Nos.1 and 2 in the acquisition to Rs.20,000/- per Are, for Category No.3 to Rs.16,500/- per Are and for Category No.4 to Rs.15,000/- per Are.
2. The counsel for the appellants submits that the
appellants herein are also entitled to get compensation at the said rates. As regards the value of improvements, it is submitted that in the judgment of the Division Bench of this Court, which led to the case before the Apex Court 30% enhancement on the value of the improvements had been granted to similarly situated persons and the said decision has not been interfered with by the Hon’ble Supreme Court.
3. In the above circumstances, these appeals are disposed of in the following manner:
(i) In L.A.A.No.66 of 2018, wherein the land
involved is in Category No.4, the judgment
of the Subordinate Court, Pathanamthitta is modified by increasing the land value to Rs.15,000/- per Are. The value of the improvements granted at Rs.75,000/- by the Subordinate Court shall be enhanced by a further 30%.
(ii) In L.A.A No.367 of 2017, wherein the land
involved comes under Category No.3, the appellants shall be granted compensation at the rate of Rs.16,500/- per Are for the land. The value of the improvements, which has been granted at Rs.19,825/- shall be enhanced by a further amount of 30%.
(iii) In L.A.A.No.378 of 2017 the appellants shall
be granted land value at the rate of Rs.16,500/- per Are. The value of improvements which have been granted at Rs.8,650/- shall be enhanced by a further sum of 30%. The Court below shall rework the total amount of compensation based on the above enhancements. The appellants will be entitled to all the statutory benefits flowing from the enhancement. In all these cases the interest payable shall be calculated as already directed by the Court at the time of condonation of delay in filing the appeals. Sd/- T.R.RAVI JUDGE mpm APPENDIX OF LA.APP. 378/2017 RESPONDENTS’ EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE FM SKETCH AND GROUP SKETCH OF THE PROPERTY IN SURVEY NO. TAHSILDAR , LA [GENERAL], PATHANAMTHITTA. EXHIBIT R1(b) TRUE COPY OF THE FM SKETCH AND GROUP SKETCH OF THE PROPERTY IN SURVEY NO. LA [GENERAL], PATHANAMTHITTA.