High Court Kerala High Court

Chambalon Shantha vs State Of Kerala on 16 August, 2010

Kerala High Court
Chambalon Shantha vs State Of Kerala on 16 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 105 of 2010()


1. CHAMBALON SHANTHA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. MANAGING DIRECTOR,

                For Petitioner  :SMT.R.RANJINI

                For Respondent  :SRI.JOBY CYRIAC, SC, KSIDC

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :16/08/2010

 O R D E R
               PIUS C. KURIAKOSE &
              C. K. ABDUL REHIM, JJ.
    ------------------------------------------------
     L. A. A. Nos.105, 109 & 110 of 2010 and
          C. O. Nos.68, 65 & 66 of 2010
    ------------------------------------------------
      Dated this the 16th day of August, 2010

                    JUDGMENT

Pius C. Kuriakose, J

These appeals and cross objections pertain

to acquisition of land in Kuthuparamba village for

the purpose of construction of road leading from

Palathinkara Junction on the Thalassery Coorg

road to the Requisitioning Authority’s Industrial

Growth Centre at Valiavelicham. The awarding

officer under his award divided the entire property

under acquisition into as many as five groups

depending upon relative distance from

Palathinkara junction. For properties in Group

No.1, the properties situated in Palathinkara

LAA.105/10 & con. cases -2-

junction itself, he awarded land value at the rate

of Rs.9863/- per cent. For properties included in

Group No.2, the property situated within a

distance of 1 kilometre from Palathinkara junction,

he awarded land value at the rate of Rs.6,499/-

per cent. For properties included in Group No.3,

the properties situated within a distance of 1 to 2

kilometres from Palathinkara junction, the fixed

land value at the rate of Rs.3,899/- per cent. For

properties included in Group No.4, i.e. the

properties situated within a distance of 2 to 3

kilometres from Palathinkara junction, he fixed

land value at the rate of Rs.2,387/- per cent. For

properties included in Group No.5, the properties

situated within a distance of 3 to 6 kilometes

from Palathinkara, the Land Acquisition Officer

LAA.105/10 & con. cases -3-

awarded land value at the rate of Rs.2,148/- per

cent.

2. In these cases in the first instance, the

Reference Court fixed the value at Rs.20,000/- per

cent on the basis of evidence which came on

record. The Requisitioning Authority appealed

against that judgment and this Court remanded

the LAR cases for reconsideration in the light of

the judgment of this Court in K.S.I.D.C v.

Vayalambron Krishnan (2008(4) KLT 726). After

remand under the impugned judgment, the court

below has re-fixed the market value at

Rs.13,400/- per cent. In the appeals preferred by

the claimants they contend that the market value

re-fixed by the court is inadequate and while in

the memoranda of cross objection lodged by the

LAA.105/10 & con. cases -4-

Requisitioning Authority, it is contended that the

market value re-fixed by the court is grossly

inadequate.

3. It was very extensive submissions which

was addressed before us by Sri.Joby Cyriac, the

learned counsel for the Requisitioning Authority

and Smt.R.Ranjini, the learned counsel for the

claimants. Sri.Joby Cyriac relying on the decision

of this Court in K.S.I.D.C v. Vayalambron Krishnan

(2008(4) KLT 726) would argue that as the

properties under acquisition in these cases were

included by the Land Acquisition Officer in Group

No.3, the claimant cannot aspire for more than

Rs.9,000/- per cent which was the value finally

fixed by this Court in that judgment. Smt.Ranjini,

however, would argue that though the acquired

LAA.105/10 & con. cases -5-

properties were included by the Land Acquisition

Officer in Group No.3, the evidence will reveal that

the properties are eligible to be included in Group

No.1 itself. It was taking into account that aspect

of the matter that the court below re-fixed the

value at the present rate. According to her, once it

is recognized that the properties are eligible to be

included in Group No.1, the properties will have to

be awarded much higher value than what is

presently awarded. She argued that the court

below has found that these properties are eligible

to be included in Group No.1. She highlighted

before us the last two sentences in paragraph

No.23 of the impugned judgment.

“The properties were acquired for
the purpose of widening of the road
leading to Industrial Growth Centre,

LAA.105/10 & con. cases -6-

Mooriyad, in five reaches. The acquired
properties come within the first reach
which is nearby to Kuthuparamba town.
The total length of the road is about 8
kms.”

4. We have very anxiously considered the

rival submissions addressed at the Bar. We have

made a reappraisal of the evidence. We have

scanned the impugned judgment. At the outset,

we will notice that the submission of Smt.Ranjini

that the court below has found under the

impugned judgment that these properties were

eligible to be included in the Group No.1 is not

correct. In fact, in the portion of the judgment

highlighted before us by Smt.Ranjini, the learned

Subordinate Judge was only referring to the

arguments put forth on behalf of the claimants.

5. By the judgment of this Court in K.S.I.D.C

LAA.105/10 & con. cases -7-

v. Vayalambron Krishnan (2008(4) KLT 726) this

Court decided that the correct market value to be

awarded for the properties in that case which was

included in Group No.3 and awarded land value at

the rate of Rs.3,899/- per cent was Rs.9,000/- per

cent. But the evidence in this case will clearly

show that the properties under acquisition were

situated within a distance of less than one

kilometre from Palathinkara junction. This means

that we find force in the submission of Smt.Ranjini

that the properties under acquisition were eligible

to be included in a superior category i.e. Group

No.2. For properties in Group No.2, the Land

Acquisition Officer had awarded value at the rate

of Rs.6499/- per cent. We are of the considered

view that as the properties in Group Nos.1, 3, 4

LAA.105/10 & con. cases -8-

and 5 were lying contiguously and continuously in

the same village there is co-relation between the

respective values. In fact, the Land Acquisition

Officer also has maintained the ratio between the

values of these five properties. According to us,

any enhancement in the value of properties

included in a particular group should necessarily

result in enhancement in the value of properties in

the other groups also. Under the judgment in

K.S.I.D.C v. Vayalambron Krishnan (2008(4) KLT

726) this Court has re-fixed the value of land for

which the Land Acquisition Officer has awarded

Rs.3,839/- per cent at Rs.9,000/- per cent,

thereby giving 130% increase over what was

awarded. In view of our finding that the properties

under acquisition in this case are eligible to be

LAA.105/10 & con. cases -9-

included in Group No.2 it will have to be found

further that the correct market value of the

properties under acquisition should be at least

Rs.14,947/- per cent which we round off to

Rs.15,000/- per cent. Accordingly, we re-fix the

market value of the land under acquisition at

Rs.15,000/- per cent. All these appeals are

allowed and all these Cross Objections are

dismissed. Parties are directed to suffer their

respective costs. Claimants will be entitled for all

statutory benefits admissible under Sections 23

(2), 23(1A) and under Section 28 of the Land

Acquisition Act.

6. It is clarified that we have not decided by

this judgment that properties in each group

(Group Nos.1, 4 and 5 also) are eligible for

LAA.105/10 & con. cases -10-

enhancement at 130%.

PIUS C. KURIAKOSE
JUDGE

C. K. ABDUL REHIM
JUDGE
kns/-