IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 1098 of 2002()
1. THE SECRETARY, THRISSUR CORPORATION,
... Petitioner
Vs
1. JOSE, S/O. KURIAKOSE,
... Respondent
2. THE SPECIAL TAHSILDAR (L.A),
For Petitioner :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO
For Respondent :SRI.N.P.SAMUEL
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :12/12/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID,JJ.
----------------------------------------------------------------
L.A.A. NOS.1098 OF 2002 & 1432 OF 2007
----------------------------------------------------------------
Dated this the 12th day of December, 2007
JUDGMENT
Kurian Joseph, J.
These are appeals filed by the Requisitioning Authority and the
claimant respectively. Acquisition was for the purpose of widening of
Pattalam road. The Land Acquisition Officer fixed land value at
Rs.1,45,400/- per Are. Section 4(1) notification is dated 6.2.1996. The
reference court on the basis of the undisputed importance of the acquired
property and the commercial importance of the area, as referred to in
paragraph 8 of the judgment, and the further finding that the land value
given to the neighbouring property covered by L.A.R. 11 of 2000 can be
given for the instant case, fixed land value at Rs.1,71,170/- per Are. It is
brought to our notice that the land value fixed in L.A.R. 11 of 2000 has
become final. In that view of the matter, there is no merit in the appeal
filed by the Requisitioning Authority so far as fixation of market value is
concerned.
2. As far as the case of the claimant is concerned, he mainly relied
LAA NOS.1098/02 & 1432/07 2
on Ext.A1 document which pertains to a transaction whereby 19 cents of
property was conveyed for an amount of Rs.80 lakhs. That transaction
was prior to Section 4(1) notification. The reference court, while
discussing the acceptance of the evidence tendered on the basis of Ext.A1
document and by the Advocate Commissioner who reported about the
similarity of Ext.A1 with that of the acquired property, observed that the
Advocate Commissioner in L.A.R. No.11 of 2000 had reported that the
property covered by Ext.A1 document was not comparable with the
acquired land in that case. The acquired property in L.A.R. 11 of 2000,
according to the reference court, lies near to the acquired property in this
case. Therefore, on the basis of the report of the Advocates Commissioner
in L.A.R. 11 of 2000, the reference court declined to consider the evidence
of the claimant in this case. We are afraid, the stand taken by the
reference court cannot be justified. The Advocate Commissioner in
L.A.R. No.11 of 2000 was not examined in this case. That report also was
not before the court. There is no evidence on the part of the respondents to
show that the acquired property is not similar or comparable with that of
the property covered by Ext.A1 whereas the claimant has tendered
evidence regarding the similarity and comparability of Ext.A1 property
with the acquired property. There is also Ext.X1 commission report.
LAA NOS.1098/02 & 1432/07 3
3. Learned counsel appearing for the Municipality submits that
Ext.A1 property lies on the side of the Post Office road whereas the
acquired property is on the Pattalam road and there is vast difference in
the importance of the locality. This aspect is disputed by counsel for the
claimant. Be that as it may, since there is no basis for rejecting the
evidence of the claimant in this case, the claim of the appellant for
enhancement of compensation has to be considered afresh.
Accordingly, we set aside the judgment and decree in L.A.R.
No.13 of 2000 on the file of the II Additional Sub Court, Thrissur and
remand the matter to the reference court. The parties shall appear before
the reference court on 14.1.2008. It will also be open to the parties to
adduce fresh evidence. The reference shall be answered within another
four months. In view of the remand as above, the appellant in L.A.A.
No.1432 of 2007 will be entitled to refund of the court fee.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
LAA NOS.1098/02 & 1432/07 4
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
L.A.A.NOS.1098/02 &
1432/2007
JUDGMENT
12TH DECEMBER, 2007