High Court Kerala High Court

The Executive Engineer vs C.P. Raphael on 14 July, 2010

Kerala High Court
The Executive Engineer vs C.P. Raphael on 14 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1386 of 2009()


1. THE EXECUTIVE ENGINEER,
                      ...  Petitioner

                        Vs



1. C.P. RAPHAEL, POWER OF ATTORNEY HOLDER
                       ...       Respondent

2. THE SPECIAL DEPUTY COLLECTOR (LA),

3. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI. ASOK M.CHERIYAN, SC, KSEB

                For Respondent  :SRI.M.K.DILEEP KUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :14/07/2010

 O R D E R
               PIUS C. KURIAKOSE &
              C. K. ABDUL REHIM, JJ.
    ------------------------------------------------
        L. A. A. Nos.1386 & 1388 of 2009
    ------------------------------------------------
       Dated this the 14th day of July, 2010

                    JUDGMENT

Pius C. Kuriakose, J

The Requisitioning Authority is in appeal.

The case pertains to acquisition of land in Tholoor

village of Thrissur district for the purposes of

construction of 33 KV sub-station at Parappur. The

land was dry land. The acquisition was pursuant to

Section 4(1) notification published on 15/02/2000.

The Land Acquisition Officer fixed land value at

the rate of Rs.10,588/- per Are. This was done on

the basis of the basis document. Before the

Reference Court, the evidence consisted of

Exts.A1 to A3, the oral evidence of AWs.1 and 2

L. A. A. Nos.1386 & 1388 of 2009 -2-

on the side of the claimants. AW2 was an

Advocate Commissioner who submitted Ext.X1

report. The solitary items of counter evidence on

the side of the Government and the Requisitioning

Authority was Ext.R1 certified copy of the basis

document. Even though the Advocate

Commissioner in Ext.X1 had recommended for

award of much higher value, the learned

Subordinate Judge did not become inclined to

accept such re-commendations. What the learned

Judge ultimately did was to rely on Ext.R1 basis

document itself noticing that there was passage of

two and a half years after Ext.R1 till date of

promulgation of Section 4(1) notification and re-

L. A. A. Nos.1386 & 1388 of 2009 -3-

fix the value at Rs.14,353.30/- per Are, thus

awarding an enhancement of roughly 23% over

what was awarded.

2. Several attractive grounds have been

raised in this appeal by the Requisitioning

Authority and the learned Standing Counsel for

the Requisitioning Authority has addressed very

strenuous and persuasive arguments based on

those grounds. The learned counsel submitted

that what the court below has done is to give

additions at the rate of 10% per year for passage

of time between the date of Ext.R1 and date of

Section 4(1) notification. According to the learned

Judge, Tholoor village was a rural area and

L. A. A. Nos.1386 & 1388 of 2009 -4-

additions per year at that rate is not at all

justified. The persuasiveness of the submission of

the learned counsel notwithstanding having

scanned the impugned judgment we find that

neither the appellant nor the Government can

have any legitimate grievance about the

impugned judgment. Significantly neither the

appellant nor the Government adduced even

formal oral counter evidence to the evidence

adduced on the side of the claimants. We are sure

that the rate of Rs.14,353.30/- per Are presently

fixed under the impugned judgment is not more

than the market value of the property at the

relevant time. Giving liberty to the appellant to

L. A. A. Nos.1386 & 1388 of 2009 -5-

resist the appeals, if any, preferred by the

claimants on the various grounds raised in this

appeal, we dismiss these appeals in limine.

PIUS C. KURIAKOSE
JUDGE

C. K. ABDUL REHIM
JUDGE
kns/-