IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 683 of 2004()
1. PALACE ADMINISTRATION BOARD,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY SPECIAL
... Respondent
2. CORPORATION OF KOCHI, CORPORATION
For Petitioner :SRI.JOSEPH FRANKLIN
For Respondent :SRI.K.ANAND, SC, COCHIN CORPN.
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/06/2009
O R D E R
PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ.
---------------------------------------------
L.A.A. 683 of 2004
---------------------------------------------
Dated: JULY 2, 2009
JUDGMENT
Barkath Ali, J.
In this appeal by the claimant, the judgment and decree of
the 3rd Addl. Sub Court, Ernakulam in LAR 81/1997 dated
December 20, 2003 awarding enhanced compensation at the rate
of Rs.93810/- per Are is challenged.
2. 52.01 Ares of land comprised in Sy.Nos.750 and 1561 of
Ernakulam village was acquired for constructing the new office
building of the Corporation of Cochin. Sec.4(1) notification was
published on 4.4.1987. Advance possession was taken on
29.9.1984. The land acquisition officer has fixed the land value
at Rs.66,740/- per Are i.e. Rs.27,009/- per cent. Dissatisfied by
the award, the claimant sought reference under sec.18 of the
Land Acquisition Act. The reference court fixed the land value at
Rs.1,65,550/- per Are i.e. Rs.66,997/- per cent. The claimant
has claimed land value at the rate of Rs.3,68,000/- per cent i.e.
Rs.9,09,328/- per Are.
L.A.A. 683 of 2004 2
3. Initially Aws.1 to 4 were examined and Exts.A1 to A12
were marked on the side of the claimant. No evidence was
adduced on the side of the 1st respondent/State. The reference
court by judgment dated September 27, 1999 fixed the land
value at Rs.72,460/- per Are i.e. Rs.29,324/- per cent. Against
that judgment the requisitioning authority filed LAA 477 of 2000
before this Court and this court by judgment dated June 20, 2003
set aside that award and remanded the case for fresh disposal
with a direction to implead the Corporation of Kochi, who is the
requisitioning authority as 2nd respondent. In pursuance of that
remand order, additional 2nd respondent was impleaded. After
the remand Aws.5 and 6 were examined and Ext.A13 was
marked.
4. Sri Joseph Franklin, learned counsel for the
appellant/claimant, contended that the enhancement granted by
the reference court is quite inadequate and without any basis.
On the other hand, Sri Basant Balaji, learned senior Government
Pleader, would contend that the compensation granted by the
land acquisition authority is not excessive.
5. The only point which arises for consideration is whether
L.A.A. 683 of 2004 3
the claimant is entitled to further enhancement of the land value.
The point
6. The land acquisition officer fixed the land value at the
rate of Rs.66,740/- per Are based on sale deed No.153/1985
dated January 14, 1985 of SRO, Ernakulam. The land
comprised in the basic documents is situated at a distance of
about 6 furlongs away from the acquired property. As there
were buildings in that property and that the value of the buildings
is not shown separately, the lower court did not accept the same.
7. Ext.A2 is a certified copy of sale deed No.444/1989
dated 9.2.1989. The lower court rejected the same as it is a post
notification document. Ext.A3 is a copy of sale deed
No.2382/1991 dated 9.7.1991. As the said sale deed is of the
year 1991, four years after the publication of sec.4(1)
notification, the reference court did not accept the same.
Ext.A4 is a certified copy of sale deed No.947/1972 dated
6.5.1972. The lower court did not accept the same as the same
was executed 7 years prior to the date of sec.4(1) notification.
Ext.A5 is a certified copy of judgment of the reference court in
LAR 460/1987 with respect to the properties acquired by the
L.A.A. 683 of 2004 4
same notification wherein enhancement of land value was
granted from Rs.76,973/- per Are to Rs.1,23,550/- per Are.
Ext.A6 is a copy of the judgment of this Court in LAA 853/1992
dated 7.1.1997 wherein this Court further enhanced the land
value to Rs.1,60,550/- per Are. AW.3, the claimant in Ext.A5
case, has testified that the property described in that document is
situated in a more important locality. Ext.A7 is a certified copy
of the sale deed No.1340/1997 dated 29.3.1997. The lower
court did not accept the same as the property comprised in
Ext.A7 is situated in a more important locality. Ext.A8 is the
letter issued by the Income Tax Officer, Kochi to the counsel for
the claimant, dated 23.8.1999 relating to the sale of 23.234
cents of land for Rs.85,80,000/-. The sale was confirmed on
5.1.1994. The lower court did not accept the same as the
property covered under Ext.A8 is situated in a more important
locality. Ext.A9 is the certified copy of report of the
commissioner in LAR 34/1997 dated 20.10.1999 regarding the
importance of the locality of the acquired property. The
commissioner as AW.6 would say that the acquired property has
road frontage and that the property comprised in LAR 34/1997
L.A.A. 683 of 2004 5
which is adjacent to the acquired property has more prominence
than the acquired property. Ext.A10 is copy of an agreement for
sale dated 4.7.2002 which was rejected by the reference court as
the said agreement was executed about 15 years after the
publication of sec.4(1) notification. Ext.A11 is a proceeding of
the District Collector dated 11.12.1998 by which land value was
fixed for the ground rent. As Ext.A11 was executed about 7
years after the date of sec.4(1) notification, the same was not
accepted by the trial court. Ext.A12 is a copy of sale agreement
dated 20.8.1993 and Ext.A13 is a copy of sale deed dated
18.6.1999. Those were also rejected by the trial court as the
same were executed long after the publication of the sec.4(1)
notification.
8. The reference court fixed the land value on the basis of
Exts.A5 and A6. Ext.A5 is the judgment of the reference court in
LAR 460/1987 dated 12.4.1991 with respect to the property
acquired under the same sec.4(1) notification. In that case
enhancement was granted from Rs.76,973/- per Are to
Rs.1,23,550/- per Are. On an appeal this court in LAA 853/1992
enhanced the land value to Rs.1,60,550/-. Ext.A6 is the certified
L.A.A. 683 of 2004 6
copy of the judgment in that appeal dated 7.1.1997. Therefore
the reference court fixed the land value in this case also as the
same.
9. In our opinion the land value fixed by the reference
court appears reasonable and the same represents the market
value of similar lands prevailing in that locality during the
publication of sec.4(1) notification. That being so, the appeal
has to be dismissed holding that the claimant is not entitled to
nay further enhancement of the land value.
In the result, the appeal is dismissed. No costs.
PIUS C. KURIAKOSE, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-