IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 756 of 2001(D)
1. STATE OF KERALA
... Petitioner
Vs
1. KARATTIL AYISHUMMA
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.T.KRISHNAN UNNI
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :26/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.No.756 of 2001-D
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Dated: September 26, 2007
JUDGMENT
Harun-Ul-Rashid, J.
This appeal is filed by the State against the judgment and decree
dated 31.1.2001 in LAR No.39/1999 on the file of the Sub Court, Tirur.
The extent of land acquired is 0.0251 hectare (6.20 cents) of garden land
comprised in R.S.No.326/21 in Thrikkandiyur village of Tirur Taluk for
doubling of Tirur-Tirunavaya railway line. The notification under S.4(1)
was finally published on 10.2.1997.
2. The claimants, in support of their claim for enhancement of
compensation, examined PWs.1 and 2 and Exts.A1 and A2 were marked
on their side. RW.1 was examined on the side of the respondent and
Ext.B1 marked. Exts.C1 and C2 – commissioner’s report and plan – were
also marked.
3. The court below, after considering the evidence on record,
entered the finding that the acquired land and the basis land are not similar
and similarly situated, that the market value of lands similar to the acquired
land in the locality prevailing at the time of S.4(1) notification was between
Rs.25,000/- and Rs.30,000/- per cent and that the facts proved will reveal
that the acquired land is more valuable than the basis land. In the
circumstances the court below fixed the land value for the acquired land at
the rate of Rs.15000/- per cent.
LAA 756/2001 Page numbers
4. The claimant is aggrieved by the fixation of value for the
residential building situated in the property. The land acquisition officer
fixed the value of the structure at Rs.99,678/-. According to the claimant,
the value fixed by the land acquisition officer is too meagre and does not
reflect the market value of the building. Therefore, he had taken out a
commission to assess the value of the building. The commissioner
assessed the value of the building at Rs.3,16,800/- after deducting 25%
towards depreciation. The commissioner assessed the value of the
building with the assistance of an expert, who is a retired Executive
Engineer (Civil), appointed by the trial court. The court below found that
the valuation report prepared by the Railway based on the prevailing rates
approved by the local PWD, was not produced before the court by the
respondent, nor the Engineer of the Railway who made the valuation nor
the PWD Engineer was examined in support of the valuation fixed by the
land acquisition officer. In the circumstances the court below held that the
value of the building awarded by the land acquisition officer is not
acceptable. The court below entered the finding that Rs.99,678/-
awarded by the land acquisition officer is too meagre in view of the
assessment made by the commissioner appointed by the court. So, the
trial court held that justice demands that an amount of Rs.2 lakhs has to
be awarded to the building.
5. In the appeal the learned Government Pleader, though
LAA 756/2001 Page numbers
contended that the land value fixed by the court below is on the higher
side, we are of the view that the value fixed for the land at the rate of
Rs.15000/- per cent is reasonable taking into account the oral and
documentary evidence available on record.
6. Coming to the question of valuation of the building also we find
that though the commissioner valued the building at Rs.3,16,800/-, the
court below reasonably fixed it at Rs.2 lakhs which also, according to us, is
fair and reasonable.
We find no merit in the appeal filed by the State. Accordingly this
appeal stands dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE.
mt/-
LAA 756/2001 Page numbers
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
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L.A.A. No.756 of 2001-D
JUDGMENT
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26.9.2007