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. 93 OF 2020
AGAINST THE DECREE AND COMMON JUDGMENT IN LAR NO.95 OF 2011
ON THE FILE OF THE ADDITIONAL SUBORDINATE JUDGE, THALASSERY
DATED 19.07.2014
APPELLANT/1ST CLAIMANT:
THE PRESIDENT,
ELAMPARA JUMAYATH MASJID, ELAMPARA P.O.,
KEEZHALLUR VILLAGE, KANNUR DISTRICT.
BY ADV.
CIBI THOMAS
RESPONDENTS/RESPONDENTS:
1 THE GOVERNMENT OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
KANNUR-670 003.
2 THE MANAGING DIRECTOR,
KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM-1.
3 THE SPECIAL TAHSILDAR LA (AIRPORT) N I,
MATTANNUR, KANNUR DISTRICT-670 702.
4 K.K.USHA,
A.K.NIVAS, NELLOONNI, MATTANNUR P.O.,
PAZHASSI VILLAGE, KANNUR DISTRICT-670 702.
BY ADV.
SHRI.P.U.SHAILAJAN, SC, KINFRA
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:
2
L.A.A No.93 of 2020
JUDGMENT
Ajithkumar, J The appellant is the 1st claimant in LAR No.95 of 2011 on the file of the Additional Subordinate Judge, Thalassery. Respondent Nos. 1 to 3 are the respondents and 4 th respondent is the 2nd claimant. The 4th respondent is arrayed as a formal party since she was shown as claimant No.2 before the Reference Court in her capacity as jenmi. The reference under Section 30 of the Land Acquisition Act, 1894 was found against her.
2. The 4(1) notification was on 05.12.2007. The Land Acquisition Officer had acquired property having an extent of 0.2910 hectares of land comprised in Re-survey No.99/1 of Keezhallur Village, Keezhallur desom in the possession of the appellant for the purpose of construction of Kannur Airport. The court below on reference passed an award granting land value at Rs.43,472/- per are i.e.Rs.17,600/- per cent.
3. The appellant filed a claim statement that they are entitled to get the land value enhanced at the rate of 3 L.A.A No.93 of 2020 Rs.1,00,000/- per cent with all statutory benefits.
4. The 3rd respondent filed written statement raising the following contentions:
The appellant's 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 appellant is 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 appellant contended that this court had considered the question regarding the land value of the property acquired pursuant to notification 4 L.A.A No.93 of 2020 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 appellant is 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/-, there is no reason to deny the 5 L.A.A No.93 of 2020 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 the appellant at Rs.25,963/- per cent. The appellant 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