Kerala High Court
The State Of Kerala vs Boby on 20 June, 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 SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
LA.APP. NO. 64 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 22.10.2016 IN LAR NO.103
OF 2011 OF SUB COURT, MUVATTUPUZHA
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
2 THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, (ROADS DIVISION), KOTHAMANGALAM.
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN GP
RESPONDENTS/CLAIMANTS IN LAR:
1 MATHEW, S/O.KURIAN, PALLIMALIL HOUSE, KUROOR KARA,
PIN-686 691.
2 JACOB KURIAN, PALLIMALIL HOUSE, KUROOR KARA, PIN-686
691.
BY ADVS.
SRI.P.THOMAS GEEVERGHESE
SRI.TONY THOMAS INCHIPARAMBIL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
LA.APP. NO. 51 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2017 IN LAR NO.10
OF 2014 OF SUB COURT, MUVATTUPUZHA
APPELLANTS/APPELLANT:
GEORGE ANTONY, AGED 62 YEARS, SOUTHIL, S/O LATE
ANTONY G. SOUTHIL, THEKKEKUNNEL SOUTHIL, ANGADI
KARA, NOW RESIDING AT W5/1080, PACHAMARATHODAI,
NAIDUPURAM, DINDIGUL DISTRICT, TAMIL NADU.
BY ADVS.
T.R.S.KUMAR
SRI.K.V.SABU
SRI.T.K.SHAJITH
SMT.DEENA JOSEPH
SMT.DEEPA R MENON
SRI.SWATHY S ANIL
RESPONDENT/RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM.
T.K. SHAJAHAN GOVERNMENT PLEADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
LA.APP. NO. 74 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 22.10.2016 IN LAR NO.37
OF 2012 OF SUB COURT, MUVATTUPUZHA
APPELLANTS/RESPONDENTS IN LAR:
1 STATE OF KERALA
2 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT(ROADS DIVISION),
KOTHAMANGALAM
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN GP
RESPONDENTS/CLAIMANTS IN LAR:
1 C V ANNAMMA(AMMINI)
W/O.LATE KUNJAPPAN, MANGATTU HOUSE, KUROOR KARA, 686
691
2 MABLE KUNJAPPAN, D/O.LATE KUNJAPPAN, MANGATTU HOUSE,
KUROOR KARA, 686 691
3 MEJIMOL KUNJAPPAN, D/O.LATE KUNJAPPAN, MANGATTU
HOUSE, KUROOR KARA, 686 691
4 MATHEWS K.MANGATTU, S/O.LATE KUNJAPPAN, MANGATTU
HOUSE, KUROOR KARA, 686 691
LAA Nos.183 of 2019 and Connected Cases
..4..
BY ADV SRI.P.THOMAS GEEVARGHESE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH LA.App..64/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
LA.APP. NO. 78 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 22.10.2016 IN LAR NO.35
OF 2012 OF SUB COURT, MUVATTUPUZHA
APPELLANTS/RESPONDENTS IN LAR:
STATE OF KERALA
BY ADVS.
GOVERNMENT PLEADER
T.K. SHAJAHAN SR GP
RESPONDENT/CLAIMANT IN LAR:
KURIAN (ROY), S/O.ELDHO, MALAYIL, KUROOR KARA 686
691
BY ADV SRI.P.THOMAS GEEVARGHESE
ADV.TONY THOMAS INCHIPARAMBIL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..6..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
LA.APP. NO. 149 OF 2020
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2017 IN LAR NO.10
OF 2014 OF SUB COURT, MUVATTUPUZHA
APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM.
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN SR GP
RESPONDENT/CLAIMANT IN LAR:
GEORGE ANTONY, THEKKEKUNNEL SOUTHIL, ANGADI KARA,
NOW RESIDING AT UNITED BUILDERS, OBSERVATORY ROAD,
KODAIKANAL, 624 101.
BY ADVS.
SMT.DEENA JOSEPH
SHRI.MITHUN C THOMAS
SHRI.AKSHAY JOSEPH ADHIKARAM
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
LA.APP. NO. 183 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 18.02.2019 IN LAR NO.36
OF 2012 OF SUB COURT, MUVATTUPUZHA
APPELLANTS/RESPONDENTS IN LAR:
1 THE STATE OF KERALA, REPRESENTED BY THE DISTRICT
COLLECTOR, ERNAKULAM.
2 THE ASSISTANT EXECUTIVE ENGINEER,
PWD ROAD, SUB DIVISION, KOTHAMANGALAM.
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN SR GP
RESPONDENT/CLAIMANT IN LAR:
BOBY, S/O.JOSE, ELANJICKAL HOUSE, ANGADI KARA,
KOTHAMANGALAM, 686 691.
BY ADVS.
SRI.C.DILIP
SRI.R.PRADEEP
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
20.06.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..8..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CO NO. 76 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 18.02.2019 IN LA.App.
NO.183 OF 2019 IN LAR NO.36 OF 2012 AND AGAINST THE MEMORANDUM
IN LAA NO.183 OF 2019 OF HIGH COURT OF KERALA
CROSS OBJECTOR/RESPONDENT IN LAA/CLAIMANT IN LAR:
Mr.BOBY, S/o.JOSE, ELANJICKAL HOUSE, ANGADI KARA,
KOTHAMANGALAM 686 691.
BY ADVS.
C.DILIP
R.PRADEEP
P.N.VIJAYAN NAIR
RESPONDENTS/APPELLANTS IN LAA/RESPONDENTS IN LAR:
1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.
2 ASSISTANT EXECUTIVE ENGINEER,
PWD ROAD, SUB DIVISION, KOTHAMANGALAM, PIN-686 691
BY ADV GOVERNMENT PLEADER
T.K. SHAJAHAN SR GP
THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY
HEARD ON 20.06.2024, ALONG WITH CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
LAA Nos.183 of 2019 and Connected Cases
..9..
JUDGMENT
[LA.App. Nos.64/2017, 51/2019, 74/2017, 78/2017,
149/2020, 183/2019 & C.O. 76/2021]
A. Muhamed Mustaque, J.
These appeals have been preferred by the State and a
few claimants. In the land acquisition reference the land was
purchased for the purpose of construction of Thankalam-
Kozhippily New Bye Pass Road crossing NH-49. The
notification under Section 4(1) was issued on 18.07.2006.
This land was taken along with other land. The land in these
appeals was categorised to Category IV. The land acquisition
officer awarded the land value at the rate of Rs.1,11,200/- per
Are. This was enhanced to Rs.2,47,100/- by the Reference
Court. The State preferred these appeals challenging the
enhancement. Except in LAA 183 of 2019, the Reference
Court enhanced the land value at the rate of Rs.6,24,793 per
Are in other appeals. Aggrieved by this enhancement, the
State has come up with these appeals.
2. The claimants also filed an appeal i.e., LAA No.51 of
LAA Nos.183 of 2019 and Connected Cases
..10..
2019. A cross objection was also filed in LAA No.183 of 2019
by the claimants.
3. We shall now advert to LAA No.183 of 2019 and
cross objection. This is the solitary case in which the
Reference Court awarded the land value at the rate of
Rs.6,24,793/- for the land in Category IV. In all other cases,
the Reference Court only awarded Rs.2,47,100/-. The
question is whether enhancement granted by the Reference
Court, which is the subject matter of LAA No.183 of 2019, is
proper and whether the cross objection will have to be
allowed.
4. The Reference Court placed reliance on Exts.A2 and
A3 for enhancing the land value at the rate of Rs.6,24,793/- in
LAR No.36 of 2012 which is the subject matter of LAA No.183
of 2019. Ext.A2 would show that the land value of Rs.20 Lakh
is for five cents of land. However, the document would show
that there exists a building. The building has not been
separately valued. The Commission had no occasion to see
the land referred to in Ext.A2. Ext.A2 was executed on
19.07.1997. How far the land referred in Ext.A2 would be
LAA Nos.183 of 2019 and Connected Cases
..11..
comparable and what is the value of the building are not there
in record. It may be true that this land is also located in the
same village. But in the absence of any comparison by the
Commission and also in the absence of any valuation in the
building existed therein, Ext.A2 cannot be relied on. Ext.A3 is
a document executed on 18.12.2006 i.e., nine months after
the 4(1) notification. The Reference Court would place
reliance on Ext.A3 and deducted 10 per cent for fixing the land
value. This approach, according to us, is erroneous.
5. The Apex Court in Maya Devi (D) Through Lrs
and Others v. State of Haryana and Another [2018 (2)
SCC 474], clearly held that post notification instances cannot
be taken in to consideration for determining the compensation
of acquired land. Though an attempt was made by the learned
counsel placing reliance on the judgment of Division Bench of
this Court in State of Kerala v. Hashim [2010 (1) KLT 95],
we may not be able to follow the judgment in the above case
for the simple reason that the Apex Court, in the above
judgment, held contrary.
6. It is to be noted that the land was acquired for
LAA Nos.183 of 2019 and Connected Cases
..12..
widening Bye Pass. If that be the case, after 4(1) notification,
there will be a multifold increase in the land value. Thus, it is
not safe to rely on post notification instances.
7. Then, the question is what is the land value. We
note that in Category V, the land value awarded by the land
acquisition officer is at the rate of Rs.1,02,300/-. This was
enhanced to Rs.2,47,100/-. This Court in LAA No.810 of 2013
dismissed the State appeal challenging the enhancement.
However, we note that the Reference Court had fixed the same
market value for the land in Category IV and V. This,
according to us, is erroneous. The land acquisition officer
found that Category V and IV are not comparable. The market
value fixed for Category IV is higher when compared to
Category V. In the light of the fact that the land value fixed for
Category V is Rs.2,47,100/-, we are of the view that the land
value for the Category IV will have to be correspondingly
increased by calculating the methodology used by the land
acquisition officer and the land value for Category IV shall be
at the rate of Rs.2,68,597/- per Are. LAA No.51 of 2019 has
to be allowed, re-fixing the land value at the rate of
LAA Nos.183 of 2019 and Connected Cases
..13..
Rs.2,68,597/- per Are and we do so.
8. The learned counsel for the Cross objector in C.O.
No.76 of 2021 in LAA No.183 of 2019 submits that they may
be given an opportunity to adduce fresh evidence by
appointing an Advocate Commissioner. It is to be noted that
the cross objector was granted enhancement at the rate of
Rs.6,24,793/- per Are. If our calculation is accepted, the land
value will have to be refixed at Rs.2,68,597/-. In view of the
drastic reduction as above, we are of the view that an
opportunity should be given to the cross objector. Accordingly,
the State Appeal in LAA No.183 of 2019 and C.O. No.76 of
2021 are disposed of remanding back the impugned judgment
for fresh consideration.
All other State appeals stand dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
PR
