Full Judgment
& WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, LA.APP. NO. 394 OF 2013 SRI.VISWANATHAN, AGED 65 YEARS, S/O.LATE RAMAN, ATHIRUKUNNATH HOUSE, PEYOLI ROAD, THRIKKANARVATTOM DESOM, KOCHI-18, KANAYANNUR TALUK, ERNAKULAM DISTRICT. SRI.K.S.BABU SMT.N.SUDHA SRI.BABU SHANKAR SRI.VIPIN VISWAN
TAHSILDAR (L.A.), ICTT, VALLARPADAM, ELOOR. 2 THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI-9. R2 BY SRI.K.ANAND SR. SMT.LATHA KRISHNAN HEARD ON 08.11.2023, ALONG WITH LA.App..129/2013, DELIVERED THE FOLLOWING: L.A.A No. 171 of 2013 & con.cases 2 & WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, LA.APP. NO. 129 OF 2013 N.U.ABBAS, S/O.UMMER, NELLIKKATHUKUZHI, PERIGAZHA KARA, HMT COLONY P.O., MANAGING PARTNER, M/S.HOTEL MEZBAN, KALAMASSERY. SRI.K.S.BABU SRI.K.S.GOPI SRI.BABU SHANKAR SMT.N.SUDHA TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR. 2 THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN - 9. R2 BY SRI.K.ANAND SR. SMT.LATHA KRISHNAN HEARD ON 08.11.2023, ALONG WITH LA.App..394/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A No. 171 of 2013 & con.cases 3
& WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945 LA.APP. NO. 165 OF 2013 SASIDHARAN PILLAI, S/O.JANARDHANA KURUP, ASWATHY, POOZHIKKAD MURI, NOW RESIDING AT NANDANAM, SURYA NAGAR, PALLILAMKARA, HMT P.O., REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, RADHAMANI, W/O.SASIDHARAN PILLAI. BY ADVS.K.S.BABU & N.SUDHA TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR. 2 THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN-9. *ADDL.R3 (ADDITIONAL 3RD RESPONDENT IMPLEADED) PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY, 2B, RACK TOWER, EDAPPALLY, KOCHI - 24. * IMPLEADED AS ADDITIONAL RESPONDENT NO.3 AS PER
ORDER DATED 8-11-2023 IN I.A NO.1 OF 2019.
R3 BY SMT.I. SHEELA DEVI, CGC R2 BY SRI.K.ANAND (SR.) SMT.LATHA KRISHNAN. HEARD ON 08.11.2023, ALONG WITH LA.App..394/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A No. 171 of 2013 & con.cases 4 & WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, LA.APP. NO. 171 OF 2013 *1 MARSILY(DIED), MOOZHITHOTTIL, NJALAKAM KARA, KALAMASSERY, THRIKKAKKARA NORTH VILLAGE, KANAYANNUR TALUK. *ADDL.A2 ANNIE MARCILY, W/O.MARCILY, MOOZHITHOTTIL, NJALAKAM KARA,KALAMASSERY, THRIKKAKKARA (N) VILLAGE, KANAYANNUR TALUK.
*ADDL.A3 ASHA MATHEW, D/O.MARCILY, *ADDL.A4 MARY TOMY, D/O.MARCILY, *ADDL.A5 DEEPA ALOSCIOUS, D/O.MARCILY, *ADDL.A6 ROOPA SUDHEESH, D/O.MARCILY, *ADDL.A7 PAUL M.M., S/O.MARCILY, L.A.A No. 171 of 2013 & con.cases 5 * FIRST APPELLANT DIED AND HIS LEGAL HEIRS ARE IMPLEADED AS ADDITIONAL APPELLANTS 2 TO 7 VIDE ORDER DATED 08.04.2019 IN I.A.846/2017 IN LAA NO.171/2013. SRI.K.S.BABU SMT.N.SUDHA TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR. 2 THE CHAIRMANM, COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN-9. * ADDL.R3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY, 2B, RACK TOWER, EDAPPALLY, KOCHI- 24. * IS IMPLEADED AS ADDITIONAL RESPONDENT NO.3 AS PER ORDER DATED 8-11-2023 IN I.A NO.1 OF 2023 IN LAA NO.171 OF 2013. R2 BY SRI.K.ANAND SR. & SMT.LATHA KRISHNAN ADDL.R3 BY SMT.I. SHEELA DEVI HEARD ON 08.11.2023, ALONG WITH LA.App..394/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A No. 171 of 2013 & con.cases 6 P.B.SURESH KUMAR & JOHNSON JOHN, JJ. ----------------------------------------------- L.A.A Nos.129, 165, 171 and 394 of 2013 ----------------------------------------------- Dated this the 8th day of November, 2023.
JUDGMENT
P.B.Suresh Kumar, J.
These appeals arise from a common judgment in the references made under Section 18 of the Land Acquisition Act, 1894 (the Act) in respect of lands acquired for the construction of four-line connectivity from National Highway-47 to Vallarpadam, pursuant to a notification issued under Section 4(1) of the Act on 25.01.2008. The Land Acquisition Officer fixed the land value for the acquired lands at Rs.4,22,222/- per Are and on reference, the reference court enhanced and re-fixed the land value at Rs.5,77,777/- per Are. It is aggrieved by the inadequacy of the land value fixed by the reference court that the claimants have preferred these appeals.
2. Heard the learned counsel for the appellants and the learned Government Pleader. L.A.A No. 171 of 2013 & con.cases 7
3. The acquired lands are situated in Thrikkakkara
North Village and the same were lands remaining with the claimants after acquisition pursuant to a notification issued under the Act on 28.12.2006 for the very same purpose. It is not disputed that in the references made in connection with the acquisition of portions of the larger extent of lands held by the claimants including the acquired lands, the reference court fixed the land value at Rs.8,58,783/- per Are, and the decision of the reference court in the said cases has been affirmed by this court by the judgment dated 17.10.2023 in L.A.A No.739 of 2013 and connected cases. The only difference between the said cases and this batch of cases is that the notification, on the basis of which the lands involved in these cases were acquired, was one issued on 25.01.2008, after about thirteen months from the date of the notification, on the basis of which the lands were acquired earlier. In the circumstances, according to us, these cases can be disposed of by fixing the land value at 10% above the land value fixed for the lands involved in L.A.A No.739 of 2013 and connected cases, which would work out to be Rs.9,44,660/- per Are. In the result, the land acquisition appeals are allowed in part and the land value fixed by the reference court is enhanced and re-fixed at Rs.9,44,660/- per Are. All other directions contained in L.A.A No. 171 of 2013 & con.cases 8 the impugned judgment will stand. Interlocutory applications, if any, pending in the appeals are closed. Sd/- P.B.SURESH KUMAR, JUDGE Sd/- JOHNSON JOHN, JUDGE. amk LAA No.171 of 2013 & LAA No.165 of 2013 As per order dated 12/03/2024 in RP No.231/2024 in LAA 08.11.2023 stands modified as “The appellants in the appeals will not be entitled to interest on the enhanced compensation granted to them for the period of delay.” Sd/- DEPUTY REGISTRAR. LAA No.394 of 2013 As per order dated 12/03/2024 in RP No.238/2024 in LAA “The review petition is allowed and the judgment in LAA No.394/2013 is recalled.” Sd/- DEPUTY REGISTRAR