The President vs The Government Of Kerala
2022 Latest Caselaw 8797 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. 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

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

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

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