Kerala High Court
Ajith, S/O.Gopinathan Nair vs State Of Kerala on 23 February, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
LA.APP. NO. 475 OF 2013
JUDGMENT & DECREE DATED 30.10.2012 IN LAR 328/2005 OF SUB
COURT, PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 AJITH, S/O.GOPINATHAN NAIR
S/O.GOPINATHAN NAIR, KULANGARA PUTHEN VEETTIL,
KANNAMANGARA MURI, ADOOR, PRESENTLY RESIDING AT
NIRMALYAM M.R GARDENS, KULANGARA, KOLLAM PIN 691
012.
2 ASHOK, KULANGARA PUTHEN VEETTIL, KANNAMANGARA
MURI, ADOOR, PRESENTLY RESIDING AT DILNAR,
VANCHIYOOR P.O, THIRUVANANTHAPURAM PIN 695 035.
3 ANIL, KULANGARA PUTHEN VEETTIL, KANNAMANGARA
MURI, ADOOR, PRESENTLY RESIDING AT DILNAR,
VANCHIYOOR P.O, THIRUVANANTHAPURAM PIN 695 035.
4 ANANDAMAYI C, W/O.LATE GOPINATHAN NAIR,
KULANGARA PUTHEN VEETTIL, KANNAMANGARA MURI,
ADOOR, PRESENTLY RESIDING AT DILNAR, VANCHIYOOR
P.O, THIRUVANANTHAPURAM PIN 695 035.
BY ADV SRI.B.MOHANLAL
RESPONDENTS & STATE:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA.
LA.APP. NO. 475 OF 2013
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2 THE EXECUTIVE ENGINEER
KSIP, KOTTARAKKARA, KOLLAM.
BY SENIOR GP - SRI.T.K.SHAJAHAN - R1 & R2
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
HEARING ON 23.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
LA.APP. NO. 475 OF 2013
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JUDGMENT
A. MUHAMED MUSTAQUE, J.
The claimants are before us. The notification was issued
on 03.02.2005 for acquisition of land for widening Adoor
bypass road. In the impugned judgment, it is found as
follows;
"On evaluating the oral evidence given by AW1 to
AW3 and exhibits relied by claimant side, I am of the view
that the award passed by the LAO did not reflect the real
market value of the acquired property and its commercial
importance and potential value. Here claimant claimed Rs
75000/- per cent. Ext A4 valued Rs 79,677/- and Ext A5
valued Rs 90,000/- per cent. But it lie more close to Adoor
centre. So it is just and fair to fix Rs 75,000/- per cent as the
land value of the acquired property."
However, in spite of such finding, the land value was fixed
at Rs.75,000/- per are for the reason that the land value
was fixed at Rs.75,000/- per are in another case.
2. It is to be noted that in respect of another notification in
the year 2004 for widening Adoor bypass road, this Court,
in LAA No.476 of 2012, fixed the land value at
LA.APP. NO. 475 OF 2013
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Rs.3,00,000/- per are. In this appeal, the appellants claim
Rs.1,50,000/- per are. Taking note of Ext.A4 and also the
judgment of this Court in LAA No.476 of 2012, we are of
the view that the land value can be fixed at Rs.1,50,000/-
per are in this appeal.
3. Appellants also raised a claim for value of improvements.
We find that compensation was granted for value of
improvements and therefore, there is no scope for further
enhancement under this head.
4. They further have a claim for compensation for
diminishing the value of the land for the reason that the
road was formed in the middle of the land. We perused
the commission report. Though the commission report
refers that the land was divided into two, nothing has
been stated about the diminishing value of the land. It is
to be noted that when a road is formed in the middle of a
land, the claimant would be benefited with the
enhancement of land value on either side. Therefore, we
find no reason for enhancement of compensation on that
ground as well.
Therefore, the appeal is partly allowed, fixing the land
LA.APP. NO. 475 OF 2013
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value at Rs.1,50,000/- (Rupees one lakh fifty thousand
only) per are. The appellants would also be entitled to all
consequential admissible statutory benefits.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
