IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1476 of 2009(D)
1. CHACKO VARGHESE, S/O.KADAVIL KOCHU
... Petitioner
2. SHERLY, W/O.CHACKO VARGHESE,
Vs
1. STATE OF KERALA, REP.BY
... Respondent
2. THE CHIEF EXECUTIVE OFFICER,
For Petitioner :SRI.V.M.KURIAN
For Respondent :SRI.P.A.AHAMED, SC, INFOPARKS
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :03/08/2010
O R D E R
PIUS C. KURIAKSE & C.K. ABDUL RAHIM, JJ.
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L.A.A. 1476 OF 2009
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DATED TIS, THE 3RD DAY OF JULY, 2010.
J U D G M E N T
Abdul Rahim, J.
Claimants are in appeal.
2. An extent of 2.10 Ares of land situated in Kakkanadu Village was
acquired for expansion of the Info Park. The last date of publication of
notification under Section (4)(1) was 18.7.2005. The Land Acquisition
Officer awarded value of Rs.1,59,600/- per Are corresponding to Rs.
64,590/- per Cent, relying on Ext.R5 document which is a sale deed
executed in the year 2004, deducting 25% from the value shown in that
document. Before the reference court, the claimants have produced Exts.A2
to A5 documents in support of their claim for enhancement. Ext.A5 is a
post notification document and hence we are not inclined to consider the
same. Exts.A2 and A3 are documents executed in the year 2000, which
showed value of Rs. 2,26,820/- per Are corresponding to Rs. 92,000/- per
Cent. It has come out in evidence that properties covered under Exts.A2
and A3 are situated near to the acquired property. The reference court,
relying on Exts.A2 and A3, had re-fixed the land value at Rs. 3,40,092/- per
Are corresponding to Rs. 1,37,633/- per Cent, giving an increase of 10%
LAA 1476/2009 2
per year for a period of 5five years from the value shown in Exts.A2 and
A3.
2. Heard Sri. K.T. Thomas, learned counsel for the appellant and Sri.
P.A. Ahammed, learned counsel for the requisitioning authority and also
Smt. Latha T. Thankappan, learned Senior Government Pleader. It is
submitted by the appellant that the acquired land is situated on the side of
the Seaport – Airport Road, which is a most important thoroughfare in
Kakkanad and that the property is situated just opposite to the ‘Special
Economic Zone’ at Kakkanad. All the relevant aspects were highlighted to
convince prominence of the location wherein the acquired land is situated.
According to the appellant, Exts.A2 and A3 are properties having only
lesser importance than the acquired properties and the method of giving
10% enhancement on the value adopted by the reference court is highly
inadequate.
3. It is noticed that Ext.A4 was not accepted by the reference court
observing that the property is situated at 31/2 Kms. away from the acquired
property, nearer to the District Collectorate. Learned counsel made
available a copy of Ext.A4 document for our perusal. He also pointed out
the report of the Advocate Commissioner wherein the lie and nature of the
property covered under Ext. A4 is narrated. We notice that even though the
LAA 1476/2009 3
property covered under Ext.A4 is situated at a distance of 31/2 Kms.; the
said property is only a residential compound without having any direct
frontage of the Seaport – Airport Road. It is also argued that the acquired
property is not situated far away from the District Collectorate and other
public institutions of commercial importance.
4. We have considered the entire facts and circumstances attendant in
this case. We are of the opinion that Ext.A4 document could not be
discarded totally while fixing land value of the acquired property. On a
perusal of Ext.A4, we are convinced that the property covered therein is
only a residential plot which was sold by the Greater Cochin Development
Authority, a Government owned corporation. It is evident that the land is
only a residential plot having no commercial importance. We are also of
the opinion that 10% increase per year granted by the reference court is
slightly inadequate. Considering totality of the circumstances, applying the
rule of thumb we fix the land value of the acquired property at Rs.
1,90,000/- per cent, corresponding to Rs. 4,69,490/- per Are.
5. We clarify that the enhancement granted in this case is on taking
note of the fact that the property covered under this case is included in
Category No.1 which is having frontage of Seaport – Airport Road. The
enhancement granted in this case shall not be taken as a criteria with respect
LAA 1476/2009 4
to properties included in other categories.
In the result, the appeal is partly allowed,re-fixing the land value at
the rate of Rs. 1,90,000/- per Cent corresponding to Rs. 4,69,490/- per Are.
The appellant/claimant will be entitled for all statutory benefits admissible
under the Act on the enhanced compensation. Needless to say that while
drafting the decree, the land acquisition court will take note of the
conditions imposed while condoning the delay as per order in CM
Application No. 1823/2009 through order dated 5.11.2009.
PIUS C. KURIAKSE,
(JUDGE)
C.K. ABDUL RAHIM,
(JUDGE)
knc/-