High Court Kerala High Court

R.Parameswaran vs The Special Tahsildar on 31 January, 2011

Kerala High Court
R.Parameswaran vs The Special Tahsildar on 31 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 50 of 2009()


1. R.PARAMESWARAN, S/O. RAMAN,
                      ...  Petitioner

                        Vs



1. THE SPECIAL TAHSILDAR,LAND ACQUSITION
                       ...       Respondent

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :31/01/2011

 O R D E R
                   PIUS C. KURIAKOSE &
                  N.K.BALAKRISHNAN, JJ.
                  ----------------------------------
                     L.A.A. No.50 of 2009
                     ----------------------------
          Dated this the 31st day of January 2011


                        J U D G M E N T

N.K.Balakrishnan, J.

Pursuant to Section 4(1) notification dated 20.4.1999

0.1600 hectares (39.53 cents) of land which belonged to the

appellant was acquired for Kozhikode-Palakkad by-pass road. It

was classified as wet land. The L.A.Officer determined the

compensation fixing the land value at Rs.8,000/- per cent.

Before the Reference Court Exts.A1 to A4 and Commissioner’s

Report C1 were marked and Aws.1 and 2 were examined. The

basis document was marked as Ext.R1. After considering the

oral and documentary evidence the learned Sub Judge refixed

the land value at Rs.11,000/- per cent.

2. The learned counsel for the appellant contends that

the land value re-determined by the Reference Court is too low

and in-adequate. It is also contended that the appellant was not

granted compensation on the ground of injurious severance.

L.A.A. No.50 of 2009

-: 2 :-

3. The learned counsel has relied upon Ext.A1 document

dated 4.6.1998. It is in respect of 8.10 cents of land which was

sold for consideration of Rs.1,00,000/-; at the rate of Rs.12,340/-

per cent. Another document in respect of 10 cents of land was

also relied upon by the learned counsel for the appellant where

the total consideration was Rs.3,00,000/-. Yet another document

relied upon by the learned counsel for the claimant is Ext.A3

which also is a pre-notification document where the sale

consideration shown was Rs.90,000/- .

4. The learned counsel also drew our attention to Ext.C1

report submitted by the Advocate Commissioner who inspected

the property and drew a sketch. The Commissioner has reported

about the importance of the locality. The acquired property was

a paddy field and not a dry land and so the value reflected in the

documents referred to by the claimant cannot be adopted to

value the acquired land. It was rightly held by the learned Sub

Judge also. It was also submitted that the acquired land is

having road frontage and is situated in an important locality,

some where near Government Victoria College, Palakkad.

Considering all the aspects, we find something more has to be

L.A.A. No.50 of 2009

-: 3 :-

granted as enhanced compensation. We find that the land value

can be refixed at the rate of Rs.13,000/- per cent. Since no

evidence has been let in, the claimant is not entitled to get

compensation on the ground of injurious severance.

In the result, the appeal is allowed in part refixing the

land value at Rs.13,000/- per cent. The claimant is entitled to

get statutory benefits under Sections 23(2), 23(IA) and Section

28 of the L.A.Act.

PIUS C. KURIAKOSE,
JUDGE.

N.K.BALAKRISHNAN,
J UDGE.

Jvt