IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 582 of 2000(A)
1. STATE OF KERALA
... Petitioner
Vs
1. CSI TRUST
... Respondent
For Petitioner :ADDL.ADVOCATE GENERAL
For Respondent :SRI.T.KRISHNAN UNNI (SR.)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :31/03/2009
O R D E R
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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LAA Nos.582/2000 & 351/2002
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Dated this the 31st day of March, 2009
JUDGMENT
Pius C.Kuriakose, J.
Though these cases pertain to acquisition for different
purposes, since the properties are similar and we find that the
judgment which is impugned in L.A.A.582/2000 has been relied
on in L.A.A.351/2002, we are inclined to dispose them of by a
common judgment.
Having gone through the impugned judgments, we
find that the only item of evidence, on the basis of which the
learned Subordinate Judge refixed the market value of the
acquired properties at Rs.2 Lakhs, was the Advocate
commissioner’s report. The three sale documents put in
evidence by the claimants were of post notification documents.
The 4th one, a pre -notification document relating to a property
to which, as rightly submitted by the learned counsel, could not
have been made basis. The advocate commissioner has
certainly recommended that the market value of the property at
the relevant time was Rs.2,50,000/-. May be, the learned senor
LAA. No.582/2001 2
counsel is right in saying that having regard to the peculiar
location of the acquired properties in these cases, a document in
respect of a comparable property, a property which is exactly
similar is impossible. At the same time, determination of market
value by the land acquisition court considering the reference
under Section 18 has to be on the para metres set out in Section
3 of the Act 2 of 1965.
2. We have gone through the Advocate commissioner’s
report. The commissioner gives his recommendation not on the
basis of the value revealed in any sale documents. The report of
the commissioner, based solely on information orally conveyed
to him by the local people, could not have been made bases by
the reference court for refixing the market value at the rates
presently granted. Nevertheless, we are convinced that the basis
document relied on by the awarding officer is not relevant for
determining the market value of the acquired property since the
property covered by the basis document was not at all compared
with the acquired properties.
3. Having made a survey of the evidence including the oral
evidence adduced by the parties, we feel that the correct market
LAA. No.582/2001 3
value of the property at the relevant time was more than Rs.1
Lakh. At the same time, we leave the question of determining
the correct market value on the basis of the evidence to the
reference court itself.
The result is that the judgments under appeals are set
aside. The land acquisition reference cases are referred to the
land acquisition reference court. That court is directed to permit
both sides to adduce further evidence and to take a fresh
decision on the basis of the evidence which comes on record in
2009. While passing revised judgment, the reference court will
have due regard to the principles laid down by the Supreme
Court in G.M.Oil & Natural Gas Corporation Ltd. v.
Rameshbhai Jivanbhai Patel & Anr. (2008 SAR (Civil) 894 )
and will take into account post notification document only when it
becomes absolutely necessary. However, in view of our finding
that the market value at the relevant time is above Rs. 1 Lakh
per cent, there will be a direction to the respondents to deposits
50% of the amount payable under the decree , which is being
set aside less amounts already deposited within two months and
upon such deposits, the appellants will be entitled to withdraw
LAA. No.582/2001 4
such amounts.
The order of remand will become operative only if the
amounts as directed above is deposited by the appellants within
three months from today. If deposits are not made, the
impugned judgments will stand confirmed.
PIUS.C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM, JUDGE
dpk
LAA. No.582/2001 5
PIUS.C.KURIAKOSE &
C.K.ABDUL REHIM, JJ.
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LAA Nos.582 OF 2000 & 351/2002
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JUDGMENT
31st APRIL 2009