Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 557 of 2012 AGAINST THE JUDGMENT AND DECREE IN LAR 307/2008 of SUB COURT, MAVELIKKARA DATED 13-04-2012 APPELLANT/CLAIMANT VALSALA DEVI MAVOLIL, NADAKKAVU, PERINGALA, MAVELIKKARA, ALAPPUZHA DISTRICT BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) RAILWAYS, KAYAMKULAM 690502
2 THE SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM 695001 R1 BY SR. GOVERNMENT PLEADER SRI T.K.SHAJAHAN R2 BY SRI.M.C.CHERIAN,SR.SC.,RAILWAYS R2 BY SRI.JOHN MATHEWS RAILWAYS R2 BY SRI.K.SHRI HARI RAO CGC
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 42 of 2013 AGAINST THE JUDGMENT AND DECREE IN LAR 58/2008 of SUB COURT, MAVELIKKARA DATED 31-03-2011 APPELLANT/CLAIMANT: RAJENDRAN AGED 41 YEARS KANJIRAPPALLIL VEEDU, PARINGALA P.O., PATHIYOOR VILLAGE, KAYAMKULAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ISWARYA, AGED 41 YEARS KAJIRAPPALLIL VEEDU, PERINGALA P.O., PATHIYOOR. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) RAILWAYS, KAYAMKULAM-690502. 2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM, PIN- 695001. R1 BY SR. GOVERNMENT PLEADER SRI T.K.SHAJAHAN R2 BY SRI.JOHN MATHEW,SC, RAILWAYS R2 BY SRI.MATHEW BOBBY KURIAN, SC, RAILWAYS ..3.. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012,LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 90 of 2013 AGAINST THE JUDGMENT & DECREE IN LAR 168/2008 of SUB COURT, MAVELIKKARA DATED 22-07-2011 APPELLANT/CLAIMANT: SYAMALA, PANAMOOTTIL NADAKKAVU, MAVELIKKARA. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REP. BY THE SPECIAL SPECIAL TAHSILDAR (LA),RAILWAYS, KAYAMKULAM - 690 502. 2 SOUTHERN RAILWAY REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE,THIRUVANANTHAPURAM - 695 001. R1 BY SR. GOVERNMENT PLEADER SRI T.K.SHAJAHAN R2 BY SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, ..5..
LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..6..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 267 of 2013 AGAINST THE JUDGMENT AND DECREE IN LAR 252/2008 of SUB COURT, MAVELIKKARA DATED 30-10-2012 APPELLANT/CLAIMANT: VILASINI D/O. BHARAGAVI, PUTHENPURAYIL ERUVA, PATHIYOOR. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHASILDAR(LA) RAILWAYS, KAYAMKULAM-690502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695001. R1 BY SR. GOVERNMENT PLEADER SRI T.K.SHAJAHAN R2 BY SRI.MATHEW BOBBY KURIAN, SC, RAILWAYS ..7.. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj ..8..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 445 of 2013 AGAINST THE JUDGMENT AND DECREE IN LAR 401/2008 of SUB COURT, MAVELIKKARA DATED 19-11-2012 APPELLANT/CLAIMANT: MADHUSOODHANA DEV @ MADHUDEV KALEEKKATHEKKETHIL HOUSE, ERUVA MURI, PATHIYOOR VILLAGE SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, KAYAMKULAM-690 502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 001. R1 BY GOVERNMENT PLEADER SRI T.K. SHAJAHAN R2 BY SRI.JOHN MATHEW SC RAILWAYS R2 BY SRI.M.S.IMTHIYAZ AHAMMED, SC, RAILWAYS ..9.. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..10..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 558 of 2012 AGAINST THE JUDGMENT AND DECREE DATED 13.04.2012 IN LAR APPELLANT/CLAIMANT: REMADEVI MAVOLIL, NADAKKAVU, PERINGALA, REPRESENTED BY POWER OF ATTORNEY HOLDER VALSALA DEVI, MAVOLIL, NADAKKAVU, PERINGALA, MAVELIKKARA, ALAPPUZHA DISTRICT. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, KAYAMKULAM-690 502. 2 THE SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 001. R1 BY GOVERNMENT PLEADER SRI T.K. SHAJAHAN R2 BY SRI.M.C.CHERIAN,SR.SC.,RAILWAYS R2 BY SRI.JOHN MATHEW SC RAILWAYS ..11.. R2 BY SRI.K.SHRI HARI RAO CGC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj ..12..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 560 of 2012 AGAINST THE JUDGMENT AND DECREE IN LAR 368/2008 of SUB COURT, MAVELIKKARA DATED 13-04-2012 APPELLANT/CLAIMANT: VALSALA DEVI MAVOLIL, NADAKKAVU, PERINGALA, MAVELIKKARA, ALAPPUZHA DISTRICT. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.NAVA VARGHESE SRI.A.R.DILEEP RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, KAYAMKULAM-690 502.
2 THE SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM, PIN-695 001. R1 BY SR GOVERNMENT PLEADER SRI T K SHAJAHAN R2 BY SRI.JOHN MATHEW SC RAILWAYS R2 BY SRI.K.SHRI HARI RAO CGC ..13.. R2 BY SRI.M.C.CHERIAN SR.SC.RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj ..14..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 593 of 2012 AGAINST THE JUDGMENT AND DECREE IN LAR 309/2008 of SUB COURT, MAVELIKKARA DATED 26-05-2012 APPELLANT/CLAIMANT: SADASIVAN PUTHUMURIYIL, EVOOR SOUTH, PATHIYOOR, ALAPPUZHA DISTRICT. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) RAILWAYS, KAYAMKULAM-690 502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM, PIN:695 001. R1 BY GOVERNMENT PLEADER SRI T K SHAJAHAN R2 BY SRI.M.C.CHERIAN,SR.SC.,RAILWAYS R2 BY SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS ..15.. R2 BY SRI.JOHN MATHEWSC RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..558/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013, LA.App..716/201 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj ..16..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 716 of 2013 AGAINST THE JUDGMENT AND DECREE IN LAR 340/2008 of SUB COURT, MAVELIKKARA DATED 22-08-2012 APPELLANTS/CLAIMANTS B&C: 1 USHA KALEECKAL KIZHAKKATHIL, THARAYIL VEETIL, ERUVA PATHIYOOR. 2 CHANDRIKA KALEECKAL KIZHAKKATHIL, THARAYIL VEETTIL, ERUVA PATHIYOOR. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.K.J.SHARATH KUMAR SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, KAYAMKULAM-690 502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM, PIN 695 001. ..17.. R1 BY SENIOR GOVERNMENT PLEADER SRI T K SHAJAHAN R2 BY SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS R2 BY SRI.SUDHIR GOPI, SC, RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013 & LA.App..718/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj ..18..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941 LA.App..No. 718 of 2013 AGAINST THE JUDGMENT AND DECREE IN LAR 261/2008 of SUB COURT, MAVELIKKARA DATED 29-02-2012 APPELLANTS/CLAIMANTS: 1 SARASWATHY AMMA ODACKAL, ERUVA, PATHIYOOR. 2 RAJKUMAR ODACKAL, ERUVA, PATHIYOOR. 3 RAJI ODACKAL, ERUVA, PATHIYOOR. 4 RAJKIRAN ODACKAL, ERUVA, PATHIYOOR. 5 VALSALA ODACKAL, ERUVA, PATHIYOOR. (REPRESENTED BY POWER OF ATTORNEY HOLDER- SARASWATHY AMMA) SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.K.J.SHARATH KUMAR SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS: ..19.. 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) RAILWAYS, KAYAMKULAM - 690 502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM - 695 001. R1 BY SENIOR GOVERNMENT PLEADER SRI T K SHAJAHAN R2 BY SRI.N.K.SUBRAMANIAN, SC, RAILWAYS R2 BY SRI.JOHN MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2019, ALONG WITH LA.App..557/2012, LA.App..560/2012, LA.App..558/2012, LA.App..593/2012, LA.App..42/2013, LA.App..267/2013, LA.App..445/2013, LA.App..90/2013 & LA.App..716/2013 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.Nos.557, 560, 558 & 593 of 2012 and 42, 267, 445, 90, 718 & 716 of 2013
JUDGMENT
These appeals arise from a batch of land acquisition references under Section 18 of the Land Acquisition Act, 1894 (the Act). The claimants in the references are the appellants in the appeals.
2. The lands involved in the references were
acquired for the development works of Railways, pursuant to a notification issued under the Act on 27.12.2004. The extents of the lands involved vary between 1.2 Ares and 4.05 Ares. Among the lands, the lands involved in LAA No.557 of 2012 and LAA No.90 of 2013 are wet lands, the land involved in LAA No.558 of 2012 is a reclaimed one and the remaining lands are dry lands. As these lands are located at different places, having regard to the locational importance, different land values were assigned by the Land Acquisition Officer. The land value assigned by the land acquisition Officer for the wet land involved in LAA No.557 of 2012 is Rs.3493/- per Are and ..21.. for the wet land involved in LAA No.90 of 2013 Rs.5,362/- per Are. The land value assigned by the Land Acquisition Officer for the reclaimed land involved in LAA No.558 of 2012 is Rs.12,567/- per Are. Similarly, the land values assigned by the Land Acquisition Officer for the dry lands in the matters vary between Rs.19,395/- and Rs.26,401/- per Are. Dissatisfied with the compensation granted on the basis of the aforesaid land value, the claimants sought reference. When the matters came up before the Reference Court, the claimants sought enhanced land value between Rs.1,12,500 per Are to Rs.2,47,000/- per Are. The Reference Court enhanced and refixed the land value of the wet land involved in LAA No.557 of 2012 at Rs.6,693/- per Are and for the wet land involved in LAA No.90 of 2013 at Rs.10,000/- per Are. For the reclaimed land involved in LAA No.558 of 2012, the Reference Court enhanced and re-fixed the land value at Rs.23,000/- per Are. For the dry lands, the Reference Court enhanced and refixed the land values between Rs.40,000/- to Rs.60,000/- per Are. The claimants are aggrieved by the inadequacy of the ..22.. enhancement granted by the Reference Court and hence these appeals.
3. Heard the learned counsel for the appellants as also the learned Government Pleader.
4. It is seen that the main evidence, on the basis
of which the claimants sought enhancement of the land value, is the award in LAR No.185 of 1991 and connected cases. In some of the cases, claimants have taken out a Commission for the purpose of comparing the land involved in LAR No.185 of 1991 and the acquired lands and it has come out that the lands are more or less similarly placed. But, it is seen that LAR No.185 of 1991 relates to the acquisition made for the very same purpose pursuant to a notification issued in the year
1988. In the said case, the Land Acquisition Officer fixed the
land value at the rate of Rs.6188/- per Are and the same was enhanced by the Reference Court to Rs.29,640/-per Are. Insofar as LAR No.185 of 1991 relates to the acquisition made pursuant to a notification issued in the year 1988, according to me, neither the land value fixed by the Land Acquisition Officer ..23.. in the said proceedings nor the enhancement granted by the Reference Court for the lands covered by the said acquisition proceedings can be the basis for the fixation of land value in respect of acquisition made pursuant to a notification issued after almost 16 years, in the year 2004. There are no other materials on record, on the basis of which this Court could arrive at a conclusion as to the true land value of the acquired lands at the time of notification. In the circumstances, the only option left is to remit the matters to the reference court for fresh disposal. In the result, the impugned judgments are set aside and the matters are remitted to the reference court for fresh disposal. Needless to say that the appellants will be entitled to adduce further evidence in the matter. As the matters are being remitted to the Reference Court for fresh disposal, the appellants will be entitled to refund of the Court fee paid. Sd/- P.B.SURESH KUMAR, JUDGE kkj