Kerala High Court
M/S. Nippon Realtors Pvt. Ltd vs State Of Kerala on 24 May, 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 MR. JUSTICE S.MANU
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
LA.APP. NO. 678 OF 2012
AGAINST THE JUDGMENT & DECREE DATED 16.06.2010 IN LAR
NO.224 OF 2007 OF III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANTS/CLAIMANTS:
1 SEBA BABU MOOPAN,
DIRECTOR, M/S. NIPPON REALTORS PVT. LTD., NH 47,
BYE PASS, NETOOR.
2 BABU GEORGE
DIRECTOR, M/S. HEXA TECH DEVELOPERS PVT. LTD.,
LAYAM ROAD, KARITHALA DESOM.
BY ADV SRI.T.R.S.KUMAR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REP. BY SPL. TAHSILDAR, (LA), ICTT, VALLARPADAOM,
ELOOR.
2 THE CHAIRMAN
COCHIN PORT TRUST, WILLINGDON ISLAND.
BY ADVS.
SRI.K.ANAND (SR.) }
SMT.LATHA ANAND } - FOR R2
SPL.G.P. N.SUDHADEVI - FOR R1
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
HEARING ON 24.05.2024, ALONG WITH L.A.A.Nos.447/2013 &
448/2013 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
LA.APP. NO. 447 OF 2013
AGAINST THE JUDGMENT & DECFREE DATED 16.06.2010 IN LAR
NO.225 OF 2007 OF III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANTS/CLAIMANTS:
1 M/S.NIPPON REALTORS PVT LTD
REP BY ITS DIRECTOR, SEBA BABU MOOPAN,DOOR NO
10/314 K,NIPOON TOWERS, N H 47, BYE-PASS, NETOOR.
2 M/S.HEXA TECH DEVELOPERS PVT LTD
REP BY ITS DIRECTOR BABU GEORGE, DOOR NO
CCXL/242,BIO PHARMA, LAYAM ROAD, KARITHALA DESOM.
BY ADV SRI.T.R.S.KUMAR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REP BY SPL.TAHSILDAR,(LA)ICTT, VALLARPADOM,
ELOOR-682012.
2 THE CHAIRMAN
COCHIN PORT TRUST, WILLINGDON ISLAND -682003.
BY ADVS.
SRI.K.ANAND (SR.) }
SMT.LATHA ANAND } - R2
SPL.G.P. N.SUDHADEVI - R1
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
HEARING ON 24.05.2024, ALONG WITH L.A.A.Nos.678/2012 &
448/2013 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
LA.APP. NO. 448 OF 2013
AGAINST THE JUDGMENT & DECREE DATED 16.06.2010 IN LAR
NO.223 OF 2007 OF III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANTS/CLAIMANTS:
1 M/S. NIPPON REALTORS PVT. LTD.
REPRESENTED BY ITS DIRECTOR, SEBA BABU MOOPAN,
DOOR NO 10/314K, NIPOON TOWERS, N.H 47, BYE PASS,
NETOOR
2 M/S. HEXA TECH DEVELOPERS PVT LTD.,
RERPESENTED BY ITS DIRECTOR BABU GEORGE,
DOOR NO CCXL/242, BIO PHARMA, LAYAM ROAD,
KARITHALA DESOM
BY ADV SRI.T.R.S.KUMAR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SPECIAL TAHSILDAR, (LA), ICTT,
VALLARPADAOM, ELOOR - 682016.
2 THE CHAIRMAN
COCHIN PORT TRUST, WILLINGDON ISLAND - 682003.
BY ADVS.
SRI.K.ANAND (SR.)}
SMT.LATHA ANAND } - R2
SPL.G.P. N.SUDHADEVI - R1
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 24.05.2024,ALONG WITH L.A.A.Nos.678/2012 &
447/2013 THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
4
A.MUHAMED MUSTAQUE & S.MANU, JJ.
--------------------------------------------------------
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
----------------------------------------------------------
Dated this the 24th day of May, 2024
JUDGMENT
S.MANU, J.
These three appeals have been filed by the common
claimants in L.A.R.Nos.223 of 2007, 224 of 2007 and 225 of
2007 of the Sub Court, Ernakulam.
2. Details of properties, acquisition proceedings and
amount awarded in the three references are shown below:-
Extent 8.03 Ares 5.54 Ares 25.62 Ares
Village Kadamakudy Kadamakudy Kadamakudy
4(1) notification 27.9.05 26.10.05 26.10.05
Possession 9.1.07 8.1.07 8.1.07
2.5.07 2.5.07 2.5.07
Amount 1,02,358/- 98,741/- 3,26,577/-
Rate 8658/- Are 12106/-Are 8658/-Are
Land Value 69,523/- 67,067/- 22,18,717/-
Building value -- -- --
Category 8B 7B 8B
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
3. All three references were tried jointly before the
reference court. Evidence was recorded in L.A.R.No.224 of
2007. Second claimant was examined as AW1. AW2 and
AW3 (Advocate Commissioner) were also examined. Exts.A1
to A6 were marked on the side of the claimants, Exts.R1 to
R6 were marked on the side of the respondents and Exts.C1,
C1(a), C2 and C2(a) were marked as Court Exhibits.
4. The learned Sub Judge found, on the basis of the
evidence, especially the report of the Advocate
Commissioner, that the properties involved in all the three
references are liable to be changed to category No.4B;
whereas the Land Acquisition Officer had included the
properties in L.A.R.Nos.224 of 2007 and 225 of 2007 in
category No.8B and the property in L.A.R.No.223/2007 in
category No.7B. The reference court refused to rely on Exts.A1
to A3 sale deeds produced and marked by the claimants for the
reason that the properties covered by those deeds are situated in
Mulavukadu and Thanthonni Thuruth islands; whereas the
property under acquisition is situated in Moolampallikkara.
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
The learned Sub Judge considered the value of property
fixed by the Land Acquisition Officer for category No.4B.
The said rate was found to be low for the properties under
acquisition in these cases. Proximity of Goshree bridge,
Marine Drive and the High Court was taken note of. For the
time lag the learned Sub Judge granted 15% increase.
Altogether 20% increase was granted taking note of the
importance of the acquired property also. The land value
was thus fixed at Rs.75,039/- per Are in all the references.
Apart from granting enhancement in the land value the
learned Sub Judge granted Rs.57,402/- in L.A.R.No.224 of
2007 for injurious affection for the balance extent of 3.06
Ares of land.
5. The learned counsel for the appellants/claimants
vehemently submitted that the reference court ought to
have taken note of the value of the properties covered by
Exts.A1 to A3 sale deeds and fixed the value of the
properties under acquisition in these cases on the basis of
the same. The learned counsel submitted that the
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
importance of the locality has not been properly taken note
of by the learned Sub Judge and the enhancement granted is
inadequate and unjust. The learned Government Pleader
opposed the submissions of the learned counsel for the
appellants and submitted that the value fixed by the
reference court is on the higher side and therefore no further
enhancement is liable to be granted.
6. On a careful reading of the impugned judgment,
we find that the learned Sub Judge has given cogent and
convincing reasons for not relying on Exts.A1 to A3. It is
also relevant to note that the claimants failed to adduce
evidence regarding the land value in Moolampallikkara.
Above all we note that these properties were purchased by
the claimants after the issuance of 4(1) notification
admittedly for Rs.29,000/- per cent. The learned Sub Judge
has accepted the contention of the claimants regarding
categorisation of the land and included it in category No.4B
and granted 20% increase also. Therefore, we do not find
anything wrong with the fixation of compensation by the
L.A.A.Nos.678 of 2012, 447 & 448 of 2013
learned Sub Judge. We also note that the learned Sub Judge
has properly granted compensation for injurious affection in
L.A.R.No.224 of 2007. Rejection of plea for compensation
under this head in the other cases is also for sound reasons.
Hence we do not find any merit in any of the contentions
raised in these appeals.
We conclude that the value fixed by the reference court
is not liable to be interfered with. Hence these appeals are
dismissed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
skj
