High Court Kerala High Court

Secretary vs Khader C.K. on 3 February, 2010

Kerala High Court
Secretary vs Khader C.K. on 3 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 405 of 2009()


1. SECRETARY,
                      ...  Petitioner

                        Vs



1. KHADER C.K., S/O. KUNJUMUHAMMED,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.T.H.ABDUL AZEEZ

                For Respondent  :SRI.N.N.SUGUNAPALAN (SR.)

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

 Dated :03/02/2010

 O R D E R
      PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ.
      --------------------------------------------------------
         LAA. No. 405 of 2009 & C.O. No. 43 of 2009
          -----------------------------------------------
           Dated this the 3rd day of February, 2010

                        J U D G M E N T

Pius C. Kuriakose, J.

The Panchayat has come up in appeal against the

award of enhanced compensation for the buildings which

existed on the property under acquisition. The claimant has

filed a memorandum of cross objection contending that the

compensation awarded by the reference court is not

adequate. The land acquisition officer awarded a total

amount of Rs.1,23,370/- obviously adopting the PWD

schedule of rates for valuation. Before the reference court

the cross objector claimant took out a commission. The

commissioner was assisted by a Chartered Engineer and

approved valuer. He submitted Ext.A1(b) valuation

statement which was accepted by the Commissioner and

produced along with the commissioner’s report. As per

Ext.A1(b) a total amount of Rs.4,10,000/- is recommended

LAA.405/09 & CO. 43/09

– 2 –

as the value of the buildings. Before the reference court the

Chartered Engineer was examined as AW2 and the

Commissioner’s report was marked as Ext.C1. The court

below was not inspired by A1(b) valuation report or by the

testimony of AW2. The court below however, noticed that in

A1(b) report no depreciation had been made. However,

taking into account the fact that the two shop rooms which

accounted for substantial portion of the buildings were

constructed just one year earlier, the court below would

obviously on the basis of guess work fix value of the

building at Rs.2,50,000/-. In the appeal preferred by the

Panchayat they assail such fixation as excessive and

arbitrary. In the memorandum of cross objection the

claimant contends that Ext.A1(b) valuation report should

have been accepted and the full value recommended in A1

(b) that is, Rs.4,10,000/- should have been awarded.

Sri.T.H.Abdul Azeez, learned counsel for the appellant would

LAA.405/09 & CO. 43/09

– 3 –

argue on the basis of Ext.C1 report and A1(b) valuation

statement that atleast the sum of Rs.4,10,000/- should have

been awarded.

2. We have considered the rival submissions. We have

gone through Exts.C1 and A1(b). We are in agreement with

the learned Subordinate Judge that A1(b) valuation report is

not a convincing one. We notice from A1(b) that what the

Engineer has done is to value the building not on the basis

of the measurements and other details recorded during

inspection, but to calculate the total cost on the basis that

the construction cost is Rs.7000/- per sq. metre. We are

also therefore not impressed much by A1(b) report in terms

of which only AW2 has given his evidence. At the same

time, we feel that there was justification for awarding

enhancement of compensation for the building since

obviously the L.A. Officer valued the building on the basis of

the PWD schedule rates. We notice that the PWD is

LAA.405/09 & CO. 43/09

– 4 –

tendering its civil works at rates higher than their published

rates. We also notice that the shop rooms in question were

relatively new constructions. Taking both those

circumstances into account, we modify the judgment and

decree of the learned Subordinate Judge to the extent the

same pertains to value of the buildings and refix the value

of the building at Rs.2 lakhs.

Appeal stands allowed as above. Cross objection

stands dismissed. Needless to mention that the claimant

cross objector will be entitled to all statutory benefits on the

enhancement as refixed under this judgment.

PIUS C.KURIAKOSE, JUDGE

C.K. ABDUL REHIM, JUDGE
ksv/-