IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
LA.APP. NO.208 OF 2019
AGAINST THE DECREE AND JUDGMENT OF THE SUBORDINATE JUDGE,
THALASSERY IN LAR NO.111 OF 2011 DATED 24.09.2014
APPELLANTS/CLAIMANTS:
1 C.P.VASANTHA
AGED 62 YEARS
D/O.C.P. MADHAVI, KUNHIKOTH HOUSE,
KEEZHALLUR P.O., KANNUR DISTRICT -670 612.
2 C.P.VASUMATHI,
D/O.C.P.MADHAVI, KUNHIKOTH HOUSE, KEEZHALLUR P.O.,
KANNUR DISTRICT- 670 612.
3 C.P.VALSARAJ.,
S/O.C.P.MADHAVI, KUNHIKOTH HOUSE, KEEZHALLUR P.O.,
KANNUR DISTRICT - 670 612.
4 C.P.OMANA,
D/O.C.P.MADHAVI, KUNHIKOTH HOUSE, KEEZHALLUR P.O.,
KANNUR DISTRICT - 670 612.
5 C.P.SREEJA,
D/O.C.P. MADHAVI, KUNHIKOTH HOUSE,
KEEZHALLUR P.O., KANNUR DISTRICT 670 612.
BY ADV.
CIBI THOMAS
RESPONDENTS/RESPONDENTS AND 6TH CLAIMANT:
1 GOVERNMENT OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
KANNUR - 670 002.
2 THE MANAGING DIRECTOR,
KINFRA ANNEX, ELANKON GARDENS, VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695 010.
3 THE SPECIAL THAHSILDAR,
LA, AIRPORT NO.1, MATTANNUR,
KANNUR DISTRICT - 670 702.
2
L.A.A.No.208 of 2019
*4 V.K.KANNAN NAMBIAR,
VARAKKOTH, KEEZHALLUR P.O., KANNUR DISTRICT
670 612.(DELETED)
(* IS DELETED FROM THE PARTY ARRAY AS PER
ORDER DATED 15.10.2019 IN I.A.NO.3 OF 2019)
BY ADV.
GOVERNMENT PLEADER
SMT DEVISHRI R.- GOVERNMENT PLEADER ,
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
L.A.A.No.208 of 2019
JUDGMENT
Ajithkumar, J The appellants are claimants No.1 to 5 in LAR No.111 of 2011 on the file of the Additional Subordinate Judge, Thalassery. The respondents 1 to 3 are the respondents and 4th respondent is the 6nd claimant. The 4th respondent is arrayed as a formal party since he was shown as claimant No.6 before the Reference Court in his capacity as jenmi. The reference under Section 30 of the Land Acquisition Act, 1894 was found against him.
2. The 4(1) notification was on 05.12.2007. The Land Acquisition Officer had acquired property having an extent of 0.2624 hectares of land comprised in Re-survey No.19 of Keezhallur Village, Keezhallur desom in the possession of the appellants for the purpose of construction of Kannur Airport. The court below on reference passed an award granting land value at Rs.39520/- per Are i.e.Rs.15993.5/- per cent.
3. The appellants filed a claim statement that they are entitled to get the land value enhanced at the rate of 4 L.A.A.No.208 of 2019 Rs.75,000/- per cent with all statutory benefits.
4. The 3rd respondent filed written statement raising the following contentions:
The appellants' claim for enhancement of compensation by enhancing the land value is a baseless claim. The land value awarded by the Land Acquisition Officer is fair, reasonable and commensurate with the value prevailing in the locality. The acquired land has no commercial importance or residential potential as claimed by the 1 st claimant. The Land Acquisition Officer awarded the land value by adverting to all the relevant aspects. The appellant's claim for enhancement of the compensation is a baseless and unsupported claim. The appellants are not entitled to get any enhancement as prayed for.
5. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.
6. The learned counsel for the appellants contended that this court had considered the question regarding the land value of the property acquired pursuant to notification 5 L.A.A.No.208 of 2019 dated 05.12.2007 and disposed of LAA Nos.11 of 2013 and connected cases fixing the land value at Rs.25,963/- per cent for properties having road access and Rs.20,770/- for properties which do not have road access. Admittedly, the property of the appellant is having direct road access as found by the court below on the basis of the commission report and other relevant materials. The appellants are therefore entitled to get Rs.25,963/- per cent.
7. On 22.01.2018 this Court in L.A.A.No. 11 of 2013 and connected cases held as follows:
"We are inclined to fix the land value with respect to acquired LAA No.11/2013 and connected cases properties covered under the above appeals, which are not having direct road access, at the above- said amount. With respect to properties having road access (road frontage either to Panchayat Road or to any mud road leading to the Panchayat road) we are inclined to fix the land value at 25% above the value so fixed. Thus, the land value in those cases will work out to Rs.25,962.50 per cent, which can be rounded off to Rs.25,963/-."
When this Court fixed the land value for the similarly situated land at Rs.25,963/- per cent, there is no reason to 6 L.A.A.No.208 of 2019 deny the same rate of land value to the land of the appellant. Hence, this appeal is allowed, in part, by refixing the value of the acquired land belonging to appellants at Rs.25,963/- per cent. The appellants will be entitled to the statutory benefits corresponding to the enhanced land value along with proportionate costs.
Sd/-
ANIL K.NARENDRAN JUDGE Sd/-
P.G. AJITHKUMAR JUDGE PV