State Of Kerala vs Bhasurangi on 21 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 368 of 2007()


1. STATE OF KERALA.
                      ...  Petitioner

                        Vs



1. BHASURANGI, PALAZHI VEEDU,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.C.RAJENDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :21/10/2009

 O R D E R
                     PIUS C.KURIAKOSE &
                   K.SURENDRA MOHAN, JJ.
                -----------------------------------------
                      LA.A.No.368 of 2007
               ------------------------------------------
           Dated this the 21st day of October, 2009

                            JUDGMENT

PIUS C.KURIAKOSE, J.

The Government is in appeal. The property under

acquisition is in Mangad Village of Kollam District. The

acquisition was for the formation of National Highway Bye-pass.

Relevant Section 4(1) notification was published on 11/11/1992.

The Land Acquisition Officer awarded the land value at the rate

of Rs.10,000/- per Are. Ext.A1 sale deed was the main item of

tangible evidence produced by the claimants. The time lag

between the transfer under Ext.A1 and the notification was

nearly 4 years. It revealed that the property has been purchased

at the rate of Rs.7,250/- per cent. The court below has

specifically found under the impugned judgment that Ext.A1

property was superior property. However no deduction was

made by the learned subordinate Judge on the value reflected on

Ext.A1, on account of the superiority of Ext.A1 property over the

acquired property. Granting addition for passage of time, the

land value is refixed at the rate of Rs.22,230/- per Are. The

LA.A.No.368 of 2007
2

property in Ext.A1 was in a panchayat area. We follow the

Supreme Court decision in G.M.Oil & Natural Gas

Corporation Vs Jeevanbai Patel & another

(2008 SAR (Civil)894) and deduct at the rate of 7.5 per cent for

the 4 years time which is passed. The amount will come to

Rs.22,300/- which will be the correct value of the property

covered by Ext.A1 as on the date of acquisition as found by the

reference court. The property under acquisition cannot be

granted same value. At least 30 % cut has to be made. Making

such deduction, the value of the land in acquisition will have to

be properly refixed at the rate of Rs.17,000/- per cent. It is

accordingly done. The appeal is allowed to the above extent.

But it is made clear that the claimant/respondent will be entitled

to all statutory benefits under sections 23(1A), 23 (2) & 28 of

the L.A. Act. Parties are directed to suffer their costs.

PIUS C.KURIAKOSE,
JUDGE

K.SURENDRA MOHAN,
JUDGE

skj.