High Court Kerala High Court

The Managing Director vs The District Collector on 2 April, 2008

Kerala High Court
The Managing Director vs The District Collector on 2 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 768 of 2005()


1. THE MANAGING DIRECTOR,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. PARI ANEESUFAHMAN,

                For Petitioner  :SRI.JOBY CYRIAC, SC, KSIDC

                For Respondent  :SRI.BABU S. NAIR

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :02/04/2008

 O R D E R
         KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
               ----------------------------------------------
                    L.A.A.Nos. 768, 805, 816,
                         825 & 924 OF 2005
               ----------------------------------------------
             Dated this the 2nd day of April, 2008.


                           J U D G M E N T

Harun-Ul-Rashid, J.

The second respondent in L.A.R.No.151 of 1999 and

L.A.R.Nos. 19, 28, 32 and 47 of 2000 is the appellant in all the

five cases, jointly tried and disposed of by a common judgment

dated 30.11.2004. The acquired properties in the above

reference cases belonged to different parties. Different parcels

of land belonging to them are acquired for the purpose of setting

up an Industrial Growth Centre. Section 4(1) notification was

published on 14.09.1995. The properties are categorized as

categories A to D. The properties covered by these reference

cases are included in category D.

2. Land Acquisition Officer awarded Rs.2,940/- per cent,

which was enhanced to Rs.4,000/- per cent by the reference

court. The second respondent-requisitioning authority has filed

these appeals challenging the quantum fixed by the reference

court. According to them, the land value fixed by the Land

Acquisition Officer was in accordance with the market value

L.A.A.768/05 & conn. cases 2

prevailing during the relevant time and after perusing the

documents relating to similar properties, and therefore

interference by the reference court without any materials is

illegal. The court below also committed grave error in relying on

Exhibit A3 sale deed which is not similar and similarly situated

with that of the acquired land.

3. In support of the claim for enhanced compensation,

claimants examined AW1 to AW5 and produced Exhibits A1 to A7.

The respondents examined one witness as RW1 and also

produced Exhibits B1 to B5 documents. Commission report is

marked as Exhibit C1.

4. The court below after discussing the relevancy of

Exhibits A1 to A7 documents, took the view that Exhibits A1, A2

and A4 to A7 documents produced by the claimants in support of

their claim for enhanced compensation are not similar and

similarly situated properties and therefore, no reliance can be

placed on them. The court below placed reliance on Exhibit A3

sale deed. The said transaction took place in the year 1987 and

the property is valued at the rate of Rs.3,500/- per cent. The

extent of the property is only 7 cents. Therefore, the court below

refixed the value of that property by reducing 20% from the price

L.A.A.768/05 & conn. cases 3

shown in the document. Thus the reference court refixed the

value of Exhibit A3 property at the rate of Rs.2,800/- per cent.

Then the reference court finding that Section 4(1) notification is

of the year 1995, that is after 8= years, increased the land value

at the rate of 5% per annum which according to the court is

reasonable for the purpose of fixation of market value of the

acquired land as on the date of Section 4(1) notification. Thus a

total increase of 42.5% for 8= years has to be added in order to

arrive at the market value per cent at Rs.4,000/-.

5. As stated earlier, the value fixed by the Land Acquisition

Officer at the rate of Rs.2,940/- was enhanced by the reference

court and refixed at Rs.4,000/-. The increase in land value

granted by the reference court itself is at the bottom-end,

therefore, reasonable and just. We find no merit in the appeals.

Therefore, the appeals are dismissed. There will be no order as

to cost.

Learned counsel for the appellant submitted before us that

the reference court has awarded enhancement in land value for

the entire extent of the land and the area covered by

improvements has not been deducted. The judgment under

appeal does not discuss these matters. It is also submitted that

L.A.A.768/05 & conn. cases 4

the Land Acquisition Officer excluded the area covered by

improvements and limited compensation to the remaining extent.

It is made clear that the enhanced land value at the rate of

Rs.4,000/- per cent will be limited to the area for which

compensation has been awarded by the Land Acquisition Officer

on centage basis.

All the interlocutory applications for stay are dismissed.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

smp

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ

L.A.A.Nos. 768, 805, 816,
825 & 924 OF 2005

J U D G M E N T

02.04.2008