IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 10 of 2006()
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
Vs
1. SMT.SUBHADRA, D/O.SARADAMMA,
... Respondent
2. SMT.RADHA, D/O.SARADAMMA,
3. SMT.ARUNA, SARADAMMA,
4. SMT.PADMINI, SARADAMMA, DO. DO.
5. SRI.BALAKRISHNA PANICKER (DIED),
6. SRI.DAMODARAN, S/O.SARADAMMA,
7. SRI. ASOK KUMAR, S/O.SARADAMMA,
8. SRI.KRISHNA KUMAR, S/O.SARADAMMA,
9. SRI.RAJENDRA KUMAR, S/O.SARADAMMA,
10. SRI.GOPAKUMAR, S/O.SARADAMMA,
11. PRABHA BALAKRISHNAN, W/O.LATE
12. RADHIKA, D/O.LATE BALAKRISHNA PANICKER,
13. THE KOCHI INTERNATIONAL AIRPORT
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :19/08/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. Nos.10 & 861 of 2006
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Dated 19th August, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Application No.12/06 in LAA 10/2006 : Delay condoned.
The appeals are filed by the State aggrieved by the
fixation of land value by the reference court, Sub Court,
Ernakulam. The acquisition is for the purpose of Kochi
International Airport. Section 4(1) notification was issued on
8.6.1998. The reference court placed reliance on the award
passed in LAR 64/2003, where the land value has become final,
and reduced 25% from the said land value on the ground that the
acquired properties are lying behind the property covered by the
said reference. According to the learned Government Pleader as
well as the learned Standing Counsel appearing for the Kochi
International Airport, the Land Acquisition Officer fixed the land
value at Rs.14,900/- per Are. In LAR 64/2003, the enhancement
given by the court is only 40%. That is a property having road
access. If that be so, only a reasonable enhancement, below 40%
LAA Nos.10 & 861/06 2
can be given to a property that is lying behind the property
covered by LAR 64/2003. On the other hand, learned counsel
appearing for the claimants submits that the land value
(Rs.34,300/- per Are) fixed in LAR 64/2003 having become final,
the reduction of 25% is just and reasonable on the ground that
the acquired property lies behind the said property.
2. We find that the extent of property covered by LAR
64/2003 is only 4.45 Ares whereas the extent involved in LAR
40/02(LAA 861/06) is 14.57 Ares and LAR 22/04 (LAA 10/06) is
16.28 Ares. Both properties are lying contiguously. We also find
that a tip of the property covered by LAR 40/02 is very near to
the road. Having given anxious consideration to the rival
contentions, the group sketch, the size of the property and
having perused the records, we find that for the disadvantage of
having no access to the property, and taking note of the fact that
even according to the Land Acquisition Officer, the properties
covered by LAR 22/04 and 40/02 are similarly situated, and
having fixed the same land value, the reduction of one third from
the value fixed in LAR 64/03 would be just, fair and proper
fixation that comes to Rs.22,868/- per Are. Accordingly, these
LAA Nos.10 & 861/06 3
appeals are partly allowed. The land value is fixed at Rs.22,868/-
per Are. The claimants will be entitled to all the statutory
benefits, including interest on solatium to the extent eligible.
I.A.No.21/06 in LAA 10/06 & I.A.No.4762/06 in LAA 861/06 :
Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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L.A.A. Nos.10 & 861 of 2006
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J U D G M E N T
Dated 19th August, 2008.