IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2660 of 2008(N)
1. S.SASIDHARAN NAIR, SENIOR ACCOUNTANT,
... Petitioner
Vs
1. GOVERNMENT OF KERALA, REPRESENTED BY
... Respondent
2. REGISTRAR OF CO-OPERATIVE SOCIETIES,
For Petitioner :SRI.P.N.MOHANAN
For Respondent : No Appearance
Dated :11/03/2008
O R D E R
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+LA.App..No. 1695 of 2007()
#1. S.LATHA KUMARI, W/O.CHANDRAHASAN,
... Petitioner
Vs
$1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
! For Petitioner :SRI.K.K.CHANDRAN PILLAI
^ For Respondent :GOVERNMENT PLEADER
*Coram
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
% Dated :27/11/2008
: O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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L.A.A.NO. 1695 OF 2007
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Dated this the 27th November, 2008
JUDGMENT
Kurian Joseph, J.
This is an appeal filed by the claimant in L.A.R.No.16 of 2001, on
the file of the Sub Court, Thodupuzha. The acquisition is for the purpose
of widening Thodupuzha-Ramamangalam public road. The total extent
involved is only 0.60 Are. The Land Acquisition Officer fixed the land
value at Rs.11,291/- per cent. Relying on Ext.A6 document, the
Reference Court enhanced the land value at Rs.33,350/- per cent.
Ext.A6 document was executed on 22.3.1997. By that document, an
extent of 30 cents of land was purchased for setting up of a tribal school.
Even according to the Reference Court, that property is not comparable
with the acquired property. That property is situated in a remote area
where there are no commercial or public institutions and yet only 15%
enhancement was given over and above the value of Ext.A6 property in
order to fix the land value in respect of the acquired property which is
situated on the side of a main road. It is to be noted that Ext.A6
document was executed on 22.3.1997 whereas Section 4(1) notification
in the present case is dated 18.8.1999. Going by the accepted principle
of enhancement at the rate of 15% per annum, the land value should
have been fixed at around Rs.46,000/-. But, as already observed above,
there is no similarity or comparability between Ext.A6 property and the
L.A.A. NO.1695 OF 2007
:: 2 ::
acquired property and hence a meager enhancement at the rate 15%
would not be sufficient, particularly in the light of the report of the
advocate commissioner that the acquired property is situated in a
commercially important locality and that going by the market value in that
area the land value could be much more.
2. On an over all assessment of the evidence available on record,
we feel that if the land value is fixed at Rs.50,000/- per cent, it would be
just, proper and reasonable fixation in this case, in view of the locational
advantages of the property. Therefore, the land value is fixed at
Rs.50,000/- per cent. The appellant shall also be entitled to all the
consequential and eligible statutory benefits in respect of the land value at
the rate of Rs.50,000/- per cent. The appellant shall also be entitled to
proportionate costs. The amount already received will be duly adjusted.
The appeal is partly allowed.
(KURIAN JOSEPH)
Judge
(K.T.SANKARAN)
Judge
ahz/