C.P.Vasantha vs Government Of Kerala
2022 Latest Caselaw 8762 Ker

            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

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

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

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