High Court Kerala High Court

Peedika Valappil Balan vs Special Tahsildar on 22 October, 2009

Kerala High Court
Peedika Valappil Balan vs Special Tahsildar on 22 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 641 of 2006()


1. PEEDIKA VALAPPIL BALAN,
                      ...  Petitioner
2. VELLUVALAPPIL CHEEYAYIKUTTY, W/O. BALAN,

                        Vs



1. SPECIAL TAHSILDAR,
                       ...       Respondent

2. THE DEPUTY CHIEF ENGINEER,

                For Petitioner  :SRI.V.R.KESAVA KAIMAL

                For Respondent  : No Appearance

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

 Dated :22/10/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
              L. A. A. No.641 of 2006
    ------------------------------------------------
     Dated this the 22nd day of October, 2009

                    JUDGMENT

Pius C. Kuriakose, J

The claimants are in appeal. The acquisition was

for the purpose of doubling of railway track. The

property was in Kalliasseri village of Kannur district.

The Land Acquisition Officer awarded land value at the

rate of Rs.11,000/- per cent against a claim of

Rs.50,000/- per cent by the appellants. It was Ext.A3

judgment which was put in evidence by the claimant in

support of his claim for enhanced land value. Ext.A3

revealed a centage value of Rs.61,000/-. Ext.A3 was a

document of 1996 executed three years prior to the

relevant section 4(1) notification. Ext.A3 was in favour

L. A. A. No.641 of 2006 -2-

of a local co-operative bank. The court below did not

become inclined to award the value revealed by Ext.A3

on the reason that Ext.A3 is situated in an important

area of the town. Nevertheless, the court below

noticed that the distance between the acquired

property and Ext.A3 property was not much and to a

certain extent relying on Ext.A3 itself, the learned

Subordinate Judge fixed the land value at Rs.20,000/-

per cent.

2. Having regard to the submissions addressed

before us by Sri.V.R.K.Kaimal, the learned counsel for

the appellants and Smt.Sumangala, the learned

Government Pleader and having gone through the

impugned judgment and having made a quick re-

appraisal of the evidence particularly Ext.A3, we feel

that the learned Subordinate Judge was a little miserly

L. A. A. No.641 of 2006 -3-

in the matter of fixing the land value. The distance

between Ext.A3 property and the acquired property

even according to the learned Subordinate Judge was

not much. Though not in the important areas of the

town, the acquired property was also enjoying

commercial potentiality obviously because of the

reason that the first claimant himself was

conducting a restaurant in that property. In fact, when

additions are made for the passage of time, the value

of Ext.A3 property as on the date of notification will

come to Rs.78,000/- per cent. We feel that the rate

presently granted at Rs.20,000/- per cent is very low.

On a better assessment based on the evidence on

record, the market value of the lands under acquisition

will have to be fixed at Rs.30,000/- per cent.

Accordingly, in modification of the award of the

L. A. A. No.641 of 2006 -4-

Reference Court, we fix the market value of the land

under acquisition at Rs.30,000/- per cent.

3. It is in evidence that it was a two storied

building which existed on the property under

acquisition. The Advocate Commissioner’s Report is

not of much assistance in the matter of fixing the

proper value of the building. But, we notice that the

building was valued by the Land Acquisition Authority

adopting the PWD schedule of rates. It is well known

that construction of building in accordance with PWD

schedule of rates is not a pragmatic proposition. Even

the PWD is tendering out its civil works at 25 to 40%

above its own rates. Taking that aspect of the matter

into account, we are of the view that at least

Rs.20,000/- more should be awarded to the appellants

towards value of the building. We award Rs.20,000/-

L. A. A. No.641 of 2006 -5-

more on that count.

4. The appeal will stand allowed to the above

extent. It is needless to mention that the appellants

will be entitled for all statutory benefits admissible

under Section 23(2), 23(1A) and under section 28 of

the Land Acquisition Act on the total enhanced

compensation to which they become eligible by virtue

of this judgment. Parties are directed to suffer their

costs.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-