Kerala High Court
Sreedharan Pillai vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
LA.APP. NO. 53 OF 2014
AGAINST THE DECREE AND JUDGMENT IN LAR 340/2007 OF SUB COURT,
MAVELIKKARA
LAC NO.100/2006 OF SPECIAL TAHSILDAR(LA), RAILWAYS, KAYAMKULAM
APPELLANT/CLAIMANT:
1 SREEDHARAN PILLAI(DIED)
KAKKANATTU THEKKETHIL,PERINGALA
2 P.SAJANI, AGED 72 YEARS, W/O LATE K SREEDHARAN
PILLAI, KAKKANATTU LEKSHMI BHAVAN, PERINGALA P.O,
KAYAMKULAM - 690 559.
3 SREEKANTH S, AGED 42 YEARS, S/O LATE K SREEDHARAN
PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O,
KAYAMKULAM - 690 559.
4 SREENATH S, AGED 41 YEARS, S/O LATE K SREEDHARAN
PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O,
KAYAMKULAM - 690 559.
LEGAL HEIRS OF DECEASED APPELLANT ARE IMPLEADED AS
ADDITIONAL APPELLANTS 1 TO 3 VIDE SEPARATE ORDER
DATED 14.10.2019 IN I.A 1/2019.
BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.MANU SEBASTIAN
SRI.A.R.DILEEP
SRI.RAJAN G. GEORGE
SRI.P.J.JOE PAUL
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED SPECIAL TAHSILDAR(LA)
RAILWAYS KAYAMKULAM-690502
2 SOUTHERN RAILWAY,REPRESENTED BY ITS DIVISIONAL
MANAGER,DIVISIONAL OFFICE,
THIRUVANANTHAPURAM 695 001
BY ADVS.SENIOR GOVERNMENT PLEADER SMT.REKHA C NAIR
SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS
SRI.B.RAJESH, SC, RAILWAYS
SMT.KRISHNA T C
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON
21.12.2022, ALONG WITH LA.App..137/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
LA.APP. NO. 137 OF 2014
AGAINST THE DECREE AND JUDGMENT IN LAR 339/2007 OF SUB COURT,
MAVELIKKARA
APPELLANTS/CLAIMANTS:
1 SREEDHARAN PILLAI(DIED)
KAKKANATTU THEKKETHIL, PERINGALA.
2 P.SAJANI,AGED 72 YEARS,S/O LATE K SREEDHARAN PILLAI,
KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O, KAYAMKULAM -
690 559.
3 SREEKANTH S, AGED 42 YEARS, S/O LATE K SREEDHARAN
PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O,
KAYAMKULAM - 690 559.
4 SREENATH S, AGED 41 YEARS, S/O LATE K SREEDHARAN
PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O,
KAYAMKULAM - 690 559.
LEGAL HEIRS OF DECEASED APPELLANT ARE IMPLEADED AS
ADDITIONAL APPELLANTS 1 TO 3 VIDE SEPARATE ORDER DATED
14.10.2019 IN I.A 1/2019.
BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.MANU SEBASTIAN
SRI.K.J.SHARATH KUMAR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED SPECIAL TAHSILDAR(LA)
RAILWAYS, KAYAMKULAM-690 502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER,
DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS
SRI.B.RAJESH, SC, RAILWAYS
SMT.KRISHNA T C
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON
21.12.2022, ALONG WITH LA.App..53/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
L.A.A Nos.137 of 2014 & 53 of 2014
==========================
Dated this the 21st day of December, 2022
JUDGMENT
Seeking enhancement of land acquisition
compensation, the claimant is in appeal.
2. Properties belonging to the claimant were
acquired for the purpose of, doubling of railway line.
L.A.A No.53 of 2014 arises from L.A.R No.340 of 2007. It
relates to acquisition of 4.40 Ares of dry land,
situated in Survey No.39/1-1 of Peringala village. L.A.A
No.137 of 2014 arises from L.A.R No.339 of 2007. It
relates to acquisition of 4.30 Ares of dry land with
residential building, situated in Survey No.330/9-1 of
Peringala Village. The notification under Section 4(1)
of the Land Acquisition Act was published on 06.10.2004.
3. The land acquisition officer fixed the value of
land at D21,601/- per Are. The value of the building was
fixed at D2,92,615/-. The reference court refixed the
land value at D35,000/- per Are and the value of the
building at D3,17,615/-.
L.A.A Nos.137 of 2014 & 53 of 2014
4. Heard Sri.George Varghese Perumpallikuttiyil on
behalf of the appellant - claimant, learned senior
Government Pleader Smt.Rekha C Nair and Smt.T.C.Krishna
on behalf of the 2nd respondent.
5. To fix the land value, the reference court had
relied on Ext A1 judgment in L.A.R No.185 of 1991. The
said reference related to a Section 4(1) notification
dated 25.10.1988. It related to 2.60 Ares of dry land.
The land acquisition officer had fixed the value at
D6,186/- and the reference court re-fixed the value at
D29,640/- per Are. Noticeably the Section 4(1)
notification in L.A.R No.185 of 1991 is very much prior
to Section 4(1) notification in the present case.
Therefore, the value in L.A.R No.185 of 1991 could not
be the basis for determination of land value in the
present case.
6. The claimant has proved the importance of the
locality in which the properties are situated by taking
out an Advocate Commissioner. Both the properties are
lying adjoining public roads.
L.A.A Nos.137 of 2014 & 53 of 2014
7. With regard to acquisition of 4.36 Ares of dry
land in the same village and for the same purpose, there
was another Land Acquisition Appeal as L.A.A No.272 of
2013. Section 4(1) notification therein was dated
06.10.2004, i.e., the same date as in the present case.
Therein the land acquisition officer had fixed the land
value at D19,201/- per Are which is less than the value
fixed by the land acquisition officer in the present
case. Therein the reference court had re-fixed the value
at D40,000/- per Are. In the Appeal, this Court re-fixed
the value at D65,000/- per Are. The said acquisition
being under the same notification could be the basis for
fixing value in the present case also.
8. As noticed above, value fixed for the property
involved in the present case by the land acquisition
officer is higher than the value fixed by the land
acquisition officer with regard to the property in L.A.A
No.272 of 2013. Taking into consideration the
proportionate difference in the value, I deem it
appropriate that the value of the property involved in
L.A.A Nos.137 of 2014 & 53 of 2014
the present proceedings could be fixed at D72,000/- per
Are.
9. As regards the value of the building involved in
L.A.A No.137 of 2014, Ext A3 is the report by the
Assistant Executive Engineer(Buildings), Haripad Sub
Division. He has fixed the value of the building, after
depreciation, at D4,85,733/-. Ext A2 is the valuation
effected by the requisitioning authority which is the
very same value as fixed by the land acquisition
officer. The building has an area of 1493 Sq.ft. It is
a residential building. Considering all the above,
compensation for the building is re-fixed at
D3,75,000/-.
In the result, the Appeals are allowed. The value
of the land involved in these Appeals is re-fixed at
D72,000/- per Are. The value of the building involved in
L.A.A No.137 of 2014 is re-fixed at D3,75,000/- per Are.
The appellant will be entitled for statutory benefits on
the enhanced land value, as provided under Sections
23(1A), 23(2) and 28 of the Land Acquisition Act. The
L.A.A Nos.137 of 2014 & 53 of 2014
appellant shall be entitled to proportionate costs. In
the light of the order dated 25.10.2019 in
C.M.Application No.142 of 2014 in L.A.A No.137 of 2014,
the appellant shall not be entitled for interest for a
period of 940 days covered by the delay in filing the
Appeal. Similarly, in the light of the order dated
25.10.2019 in C.M.Application No.62 of 2014 in L.A.A
No.53 of 2014, the appellant shall not be entitled for
interest for a period of 1228 days covered by the delay
in filing the Appeal.
Sd/-
Sathish Ninan, Judge
vdv
