IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1256 of 2005()
1. P. GEETHA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. ELECTRONICS TECHNOLOGY PARK (KERALA),
For Petitioner :SRI.K.K.VIJAYAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :20/08/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. No. 1256 OF 2005,
L.A.A.Nos.922, 1106, 1251,
1278 & 1778 OF 2007
AND
L.A.A.No.78 OF 2008
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Dated this the 20th day of August, 2008.
J U D G M E N T
Harun-Ul-Rashid, J.
C.M.Appln.Nos.1063, 1294, 1461, 1485, 2169 of 2007 and
65 of 2008: These are applications for condonation of delay in
filing the appeals.
2. L.A.A.Nos.922, 1106, 1251 and 1278 of 2007 are filed
by the State against the judgment and decree passed by the Sub
Court, Thiruvananthapuram in L.A.R.Nos. 110, 270, 282 and 103
of 1998 respectively. L.A.A.Nos.1256/05, 1778/07 and 78/08 are
filed by the claimants in L.A.R.Nos.274, 163 and 117 of 1998
respectively aggrieved by the fixation of land value by the same
court.
3. Small extents of land situated in Kazhakuttom-
Menamkulam and Attipra villages are acquired for Electronics
Techno Park. Notification under Section 4(1) of the Land
Acquisition Act was published on 05.04.1994. Properties under
L.A.A. No.1256/05 & conn. cases 2
acquisition for the use of Electronic Techno Park were classified
as Category Nos.1 to 15. Several other connected cases were
also disposed of by the reference court.
4. In L.A.R.No.274/98, Land Acquisition Officer awarded
land value at the rate of Rs.46,510/- per Are and the reference
court refixed and enhanced the same at Rs.60,463/- per Are by
granting 30% enhancement. Similarly, in L.A.R.No.110/98, Land
Acquisition Officer awarded land value at the rate of Rs.11,812/-
and Rs.4,154/- per Are for different extents of land in different
survey numbers and the reference court refixed the same at
Rs.15,356/- and Rs.5,400/- per Are respectively by granting
enhancement at the rate of 30%.
5. In L.A.R.No.270/98, Land Acquisition Officer awarded
land value at the rate of Rs.15,750/- per Are and the reference
court refixed and enhanced the same at Rs.20,475/- per Are.
Similarly, in L.A.R.No.282/98, Land Acquisition Officer awarded
land value at the rate of Rs.11,380/- per Are and the reference
court refixed and enhanced the same at Rs.14,794/- per Are.
6. In L.A.R.No.103/98, Land Acquisition Officer awarded
land value at the rate of Rs.11,812/- per Are and the reference
L.A.A. No.1256/05 & conn. cases 3
court refixed and enhanced the same at Rs.15,355/- per Are.
Similarly, in L.A.R.No.163/1998, Land Acquisition Officer awarded
land value at the rate of Rs.12,644/- per Are and in
L.A.R.No.117/98, Land Acquisition Officer fixed land value at the
rate of Rs.11,812/- per Are. In both cases also, reference court
has granted 30% enhancement.
7. In L.A.A.Nos.1256/05, 1778/07 and 78/08 filed by the
claimants, the claim is for additional compensation over and
above the value fixed by the reference court. The court below,
for valid reasons, did not rely upon Exhibit A1 document to fix
market value of the property. Regarding categorization also, the
court examined the question and held that from the notes to
award it is seen that the wet converted dry lands lie behind the
property adjacent to the National Highway and therefore,
included in the 9th and 10th category. Considering the location of
the property behind National Highway, reference court rightly
held that the categorization made by the Land Acquisition Officer
is correct and can be accepted.
8. Taking into account the location of the properties near to
National Highway and its potential value, the reference court
L.A.A. No.1256/05 & conn. cases 4
rightly held that the value awarded by the Land Acquisition
Officer is not fair and according to the learned Sub Judge, the just
value for the properties is to give 30% enhancement. We have in
all the connected cases examined the question as to whether the
land value fixed by the court below is just and reasonable. We
find in those related cases also that the refixation of land value at
the rate of 30% over and above the value fixed by the Land
Acquisition Officer is just and reasonable.
In the result, the nominal enhancement at the rate of 30%
over and above the value fixed by the Land Acquisition Officer is
just and reasonable. We find no reason to interfere with the
decree passed by the reference court. Therefore, the applications
for condonation of delay and the appeals are dismissed.
All the interlocutory applications for stay are dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
L.A.A. No.1256/05 & conn. cases 5
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
L.A.A. Nos.1256 OF 2005,
922, 1106, 1251, 1278 &
1778 OF 2007
&
L.A.A.No.78 OF 2008
J U D G M E N T
20.08.2008