IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1219 of 2008()
1. STATE OF KERALA, REP. BY THE DISTRICT
... Petitioner
Vs
1. VISALAKSHI AMMA, SANAKARA VILASATHU
... Respondent
2. MADHUSOODANAN NAIR,
3. THE MANAGING DIRECTOR,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.GOPAKUMAR R.THALIYAL
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :16/09/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.1219 of 2008
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Dated this the 16th day of September, 2009
JUDGMENT
Pius C. Kuriakose, J
The Government is in appeal. The acquisition was
for the purposes of Thiruvananthapuram International
Airport. The Land Acquisition Officer included the
properties in category-2 and awarded land value at
the rate of Rs.98,712/- per Are. The Reference Court
under the impugned judgment re-fixed the same at
Rs.2,25,000/- per Are.
2. It is submitted by Smt.Latha T. Thankappan,
the learned Senior Government Pleader that this Court
considering the acquisition of properties included in
category-1, has approved the award of 70%
L. A. A. No.1219 of 2008 -2-
enhancement for properties in that category. It is
submitted that for category-1, the rate approved is
Rs.2,25,000/- per Are only. The learned Senior
Government Pleader requested that the ratio
maintained by the Land Acquisition Officer between
the value of category-1 and category-2 will be
maintained and a proportionate decrease be made.
Enhancement beyond 70% may not be granted, so
requested the learned Government Pleader.
3. Sri.Gopakumar R. Thaliyal submitted that the
Reference Court in L.A.R.62/06 has enhanced the land
value from Rs.78,743/- per Are to Rs.15 lakhs per Are.
The Government has not so far preferred any appeal
against that award. Therefore, there is no justification
at all for interfering with the present enhancement.
The learned counsel also referred to judgment of this
L. A. A. No.1219 of 2008 -3-
Court in L.A.A.1081/08 wherein the property involved
was categorised under category-6. For property in
category-6, this Court has re-fixed land value at
Rs.2,25,000/- per Are. Category-2 is superior to
category-6 and therefore, there is every justification
for approving the present enhancement.
4. We have anxiously considered the rival
submissions. It is true that this Court become inclined
to approve the enhancement granted to properties in
category-6 in LAA.1081/08. But, the present property
is in category-2 and evidently, the properties in
category-2 are more comparable to the properties in
category-1 than the properties in category-6. May be
on the basis of the evidence available in L.A.A.
No.1081/08, this Court found that the categorisation
of that property in category-6 by the Reference Court
L. A. A. No.1219 of 2008 -4-
was not proper. We are more inclined to follow the
decision taken by us in cases pertaining to category-1.
At the same time, we feel that there is justification in
this case for granting a slightly higher percentage of
increase than what was granted to the properties in
category-1. Relying on the judgment of this Court in
cases involving properties in category-1, we re-fix the
land value of the properties under acquisition at
Rs.1,80,000/- per Are in modification of the rates fixed
by the Reference Court under the impugned judgment.
The appeal will stand allowed to the above extent.
Parties are directed to suffer their costs.
5. Smt.Latha T. Thankappan would argue that
the Reference Court was not justified in awarding
additional amounts under Section 23(1A) even during
periods when the land acquisition proceedings were
L. A. A. No.1219 of 2008 -5-
under stay. Sri.Gopakumar would submit that the
claimants/respondents were not parties to the case in
which this Court stayed the land acquisition
proceedings. We are not inclined to accept the
submissions of Smt.Latha T. Thankappan, the learned
Senior Government Pleader in the above regard, as
there is no specific ground in that respect raised in the
memorandum of appeal.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-