IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 1337 of 2000(D)
1. P.K.VENUGOPALAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :24/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.1337 of 2000
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Dated this the 24th day of September, 2007
J U D G M E N T
Harun-Ul-Rasheed,J.
This Land Acquisition Appeal is filed by the claimant in
L.A.R.No.9/1995 against the judgment and decree dated 30-10-
1999 on the file of the Sub Court, Manjeri. The property
belonging to the claimant was acquired for construction of Low
Level Reservoir and Pipe-line Road for UWSS, Manjeri. The
Section 4(1) notification is dated 27-7-1992. The Land
Acquisition Officer awarded Rs.5,664/- per cent as against the
claim of Rs.60,000/- per cent. The extent acquired is 21.75
cents in survey number RS 211/4 of Narukara Village. The
appellant-claimant examined AW1 to AW4 and produced Exts.A1
to A4 in support of his claim for enhanced compensation. The
property covered by Exts.A1 to A3 are located very close to the
Central Junction, Manjeri and having high potential value and
commercial importance. According to Ext.C1 report submitted by
the Commissioner, the acquired land is lying at a distance of 2
LAA NO.1337/2000 2
Kms. away from the Manjeri Central Junction and is located
facing the Manjeri-Nilambur Road. Exts.A1 to A3 sale documents
were not relied on by the reference court for valid reasons.
2. The appellant-claimant has produced the common
judgment in L.A.R.Nos.15/1997 and 16/1997 before this court.
The lands covered by the above said L.A.Rs are acquired for the
construction of the Pipeline Road at Cherani. The survey number
of the acquired lands covered by the above said L.A.Rs is RS
214/3 of Narukara Village. In L.A.R.Nos.15 and 16 of 1997 the
Land Acquisition Officer granted Rs.4,000/- and Rs.3,473/- per
cent respectively. This was enhanced to Rs.9818/- by the
reference court by judgment dated 29-6-2002. In
L.A.R.No.9/1995, which is the subject matter of this appeal, the
Land Acquisition Officer granted an amount of Rs.5664/- per
cent, which is a higher value than the value fixed for the land in
L.A.R.Nos.15 and 16 of 1997. At the same time in
L.A.R.No.9/1995 the Sub Court enhanced the land value and
fixed it only at Rs.6500/-, whereas in the connected L.A.Rs the
land value was fixed at Rs.9818/- per cent. Considering the
comparable nature of the property we are of the view that the
LAA NO.1337/2000 3
acquired land is more valuable than the lands covered by
L.A.R.Nos.15 and 16 of 1997, taking into account the valuation
made by the Land Acquisition Officer in all these cases. Hence, in
the facts and circumstances of the case, we fix the value of the
acquired land in L.A.R.No.9/1995 at the rate of Rs.9818/- per
cent in parity with the value fixed in L.A.R.Nos.15 and 16 of
1997.
3. The appellant has a further case that the beneficial
use of the remaining extent of 48 cents, left after the acquisition
has been decreased. AW1 also tendered evidence stating that
value of the rest of the properties was diminishing. The
Commissioner in his report stated that the value of the remaining
property has been reduced by Rs.6,000/- per cent. But it has
come out in evidence that the acquired property was lying at a
low level from the main road, to the extent of around 6 meters.
According to the claimant, he may be granted at least
Rs.60,000/- towards injurious affection. Though the appellant has
a case that the access has been completely blocked, it has come
out in evidence of RW1 that the property has a separate access.
However, the fact remains that, prior to acquisition, the entire
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property was abutting the main road with access from any point;
but after acquisition that advantage is completely lost and the
access is on one end through another road. Considering the
entire facts on record, we are of the view that the claimant is
entitled to compensation towards diminution in land value. We
fix Rs.60,000/- towards the diminution in land value for the rest of
the property, having an extent of around 48 cents.
Accordingly we allow the appeal. The land value of
the acquired land is refixed at Rs.9818/- per cent. An amount of
Rs.60,000/- is further granted towards injurious affection. The
appellant-claimant is entitled to all the eligible statutory benefits
under the Act. The judgment and decree are modified
accordingly. There will be no order as to costs.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
LAA NO.1337/2000 5
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
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L.A.A.No. 1337 of 2000
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JUDGMENT
24th September, 2007