High Court Kerala High Court

K.V.Suresh vs The Special Tahsildar (La) on 19 January, 2011

Kerala High Court
K.V.Suresh vs The Special Tahsildar (La) on 19 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1110 of 2010()


1. K.V.SURESH, S/O.LATE P.N.ACHUTHAN,
                      ...  Petitioner
2. K.V.RAMESH, S/O.LATE P.N.ACHUTHAN,
3. K.V.SUJATHA,D/O.LATE P.N.ACHUTHAN,
4. K.V.AJITHA,D/O.LATE P.N.ACHUTHAN,
5. K.V.SUJATH,S/O.LATE P.N.ACHUTHAN,
6. K.V.AJITH, S/O.LATE P.N.ACHUTHAN,

                        Vs



1. THE SPECIAL TAHSILDAR (LA),
                       ...       Respondent

                For Petitioner  :SRI.K.V.SOHAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :19/01/2011

 O R D E R
        PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
                      ------------------------
                    L.A.A.No. 1110 OF 2010
                      ------------------------

           Dated this the 19th day of January, 2011

                           JUDGMENT

Pius C.Kuriakose, J.

The claimants are in appeal. Their land with structure was

acquired for the purpose of construction of Chovva – Nadal Bye

pass pursuant to Section 4 (1) notification published on

1/11/1997. The Land Acquisition Officer awarded land value at

the rate of Rs.4,974/- per cent. The Reference Court on

evaluating the evidence, which was adduced by the parties,

would refix the land value at Rs.7,500/- per cent. This was done

mainly by relying on the court’s own judgment in other cases

pertaining to acquisition of identical lands for the same purpose.

It was noticed by the Court below that it was taking into account

Exts.A1 to A4 sale deeds relied on by the claimants that the

court had in those cases refixed the value of land at Rs.7,500/-

per cent. Ext.X1 commission report was another item of

evidence relied on by the claimants. The commissioner had

recommended for awarding Rs.25,000/- per cent as land

LAA.No.1110/2010 2

value. However, this recommendation of the commissioner

was not supported by the value reflected in any sale document.

The court below discarded the commission report and chose to

fix the land value at Rs.7,500/- per cent as already stated.

2. In this appeal, the appellants claim enhanced land value

as well as enhanced compensation towards value of the structure

which existed on the property. The learned counsel for the

appellants would address arguments on the basis of the grounds

raised in the appeal memorandum. According to the learned

counsel, the court below went wrong in discarding the

commissioner’s recommendations. The property was enjoying

the direct frontage of Kuthuparamba – Kannur road and was

situated within 300 meters from Thalassery – Kannur National

Highway. The learned counsel would submit that the court

below was not justified in not awarding any enhancement

towards value of the structures.

3. The submissions of the learned counsel for the

petitioners were resisted by Sri.V.T.K.Mohanan, learned senior

Government Pleader. According to him, there is no justification

for granting any further enhancement towards land value as

LAA.No.1110/2010 3

there is no evidence to support the same.

4. Having anxiously considered the submissions addressed,

we are of the view that in the absence of cogent evidence, the

appellants cannot be awarded more land value than what is

presently awarded under the impugned judgment. As already

indicated, the Court below relied on its own judgment in other

cases pertaining to the same acquisition. The value of

Rs.7,500/- had been fixed by the Court below in those cases

relying on Exts.A1 to A4. It is obvious that for those lands for

which Rs.7,500/- was fixed by the Court below the same rate

as in this case was awarded by the Land Acquisition Officer.

That being the position, the appellants cannot have any

legitimate claim for enhancement over and above Rs.7500/-.

5. It is true that the advocate commissioner’s report had

nothing to do with the value of the structures which existed on

the property. However, we notice that the structure was valued

by the PWD adopting the PWD’s schedule of rates. It is a

matter of common knowledge that construction of buildings in

accordance with the published rates of PWD is not a practical

proposition. Even the PWD is tendering out its civil works at 30

LAA.No.1110/2010 4

to 35% above its own rates. Keeping that aspect of the matter

in mind, we are inclined to award Rs.63,750/- to the appellants

as enhanced compensation towards the structure which existed

on the property. The above amount is accordingly awarded.

The appellants/claimants will be entitled for statutory

benefits admissible under Section 23 (2) (231A) and Section 28

of the L.A. Act on the total enhanced compensation to which they

become eligible by virtue of this judgment. However, during the

period of 2087 days condoned by our order in C.M.Appln.

1696/2010 this enhanced compensation will not carry interest

otherwise admissible under Section 28 of the Act. The parties

are directed to suffer their respective costs.

PIUS C.KURIAKOSE,JUDGE

N.K.BALAKRISHNAN, JUDGE
dpk