Kerala High Court
Aysha Aboobacker vs The State Of Kerala on 5 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
LA.APP. NO. 64 OF 2019 and conctd. Case 1
2024:KER:82952
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
LA.APP. NO. 64 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN LAR NO.29 OF 2008 OF
ASSISTANT SESSIONS COURT/III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANT(CLAIMANT IN LA.R 29 OF 2008):
ASHA
AGED 64 YEARS
D/O. ABOOBACKER, POOTHAYIL VEETTIL, VELLOORKUNNAM
VILLAGE, MUVATTUPUZHA, ERNAKULAM, PIN-686673, REP.BY
POWER OF ATTORNEY ABOOBACKER, POOTHAYIL VEETTIL,
VELLOORKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM, PIN-
686673.
BY ADV S.ABDUL SALAM
RESPONDENTS/RESPONDENTS IN LAR:
1 THE STATE OF KERALA
REP. BY THE SPECIAL TAHSILDAR, (LA) NH-NO-1,
KAKKANADU, ERNAKULAM, PIN-682030.
2 THE EXECUTIVE ENGINEER,
NH(B)DIVISION, KODUNGALLOOR, PIN-680664.
OTHER PRESENT:
SR GP SRI T K SHAJAHAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
05.11.2024, ALONG WITH LA.App..312/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LA.APP. NO. 64 OF 2019 and conctd. Case 2
2024:KER:82952
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
LA.APP. NO. 312 OF 2019
AGAINST THE JUDGMENT DATED 27.02.2017 IN LAR NO.31 OF
2008 OF ASSISTANT SESSIONS COURT/III ADDITIONAL SUB COURT,
ERNAKULAM
APPELLANT/CLAIMANT IN LAR 31 OF 2008:
AYSHA ABOOBACKER
AGED 68 YEARS
W/O. ABOOBACKER, POOTHAYIL VEETTIL, VELLOORKUNNAM
VILLAGE, MUVATTUPUZHA, ERNAKULAM, PIN 686 673.
BY ADVS.
S.ABDUL SALAM
SRI.T.K.RADHAKRISHNAN
RESPONDENTS/RESPONDENTS IN THE LAR:
1 THE STATE OF KERALA,
REP BY THE SPECIAL TAHSILDAR (LA) NH -NO.1, KAKKANAD,
ERNAKULAM, PIN 682 030.
2 THE EXECUTIVE ENGINEER ,
NH (B) DIVISION, KODUNGALLOOR, PIN 680 664.
SRI. T.K SHAJAHAN, SR.GP
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
05.11.2024, ALONG WITH LA.App..64/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
LA.APP. NO. 64 OF 2019 and conctd. Case 3
2024:KER:82952
JUDGMENT
[LA.App. Nos.64/2019, 312/2019]
Amit Rawal, J.
This order shall dispose of two land acquisition appeals
preferred by the landowners seeking enhancement of the
compensation. For construction of National High Way -17, an extent
of 5.18 Ares of land in survey number 28/4A -24 of Edappally North
Village was acquired as per 4(1) notification dated 14.3.2022 and
possession of the aforementioned property was taken on 19.5.2003.
An amount of Rs.6,91,298/- was awarded as compensation as per
award number 25/2005 dated 1/2/2005. Likewise, an extent of five
(5) Ares of land in the same survey number of same village was
acquired as per the same notification and taken possession on the
same date of 19.5.2003. The amount of compensation has also given
at the same rate as per award No.26/2005 dated 1/2/2005. The
claimants preferred the reference, which was enhanced by the
learned Reference Court to Rs.1,84,800/- per Are. The matter was
referred back in the land acquisition appeal No.1549 of 2009 vide
order dated 16.12.2014. Reference court thereafter awarded the
compensation @ Rs.2,24,400/- ie., 70 % of the increase. It is a
matter of record that the Sate had filed an appeal bearing No.125 of
2011 against the land acquisition reference No.31 of 2008 which has
2024:KER:82952
been dismissed.
2. The contention on behalf of the learned counsel appearing on
behalf of the appellants is that the appellants are entitled to
enhanced compensation as per the judgment given by this Court
whereby in respect of category III land, compensation in LAA
No.797 of 2010 has been awarded as 3,33,800/- per Are which would
be more than 110% as per the claim set up by the
appellant/claimant. Various other judgments were placed on record
to assist the reference court for arriving at a just and equitable
compensation ie., @ 110% as observed by the High Court while
remanding the matter in the first round of litigation ie., by judgment
dated 16.12.2014 in LAA No.1549 of 2009.
3. On the other hand, learned Government pleader opposed the
aforementioned contentions by relying upon the judgment dated
28.1.2011 in LA.App No.125 of 2011 whereby the appeal preferred
by the State against the LAR awarding the compensation of 70% has
been dismissed and prayed for dismissal.
4. We have heard the learned counsel for the parties and
appraised the paper book. No doubt, after the remand vide
judgment dated 16.12.2014 in LA.App. No.1549 of 2009, parties
were supposed to bring their evidence but instead brought on record
documents ie., LAR No.9 of 2011 which had ultimately reached to
this Court whereby the compensation has been awarded @
2024:KER:82952
Rs.3,33,800/- of category-III. The compensation qua the land of the
petitioner was originally assessed by the Land Acquisition Officer
was of category of VI but taken into category - I in the first round of
litigation by the reference court granting the compensation @
Rs.1,84,800/- per Are.
5. Learned counsel for the appellant submitted that there is no
doubt that this Court vide judgment dated 8.7.2011 in L.A appeal
No. 916 of 2010 had increased the compensation of category - III
land to Rs.3,33,800/- per Are. That was done by adopting the belting
system which was/is impermissible in law in view of the ratio of
decidendi culled out in the judgment of the Supreme Court in Besco
Limited v. State of Kerala [2023 SCC Online SC 1071]. Since the
increase of compensation in respect of category - III land was 110%,
the same ratio/proportion should be applicable for enhancing the
amount of compensation viz-a-viz the land of the petitioners by
bringing it under category - I.
6. We are in agreement with the learned counsel for the
appellants by noticing the ratio of decidendi culled out in Besco
Limited which has not recognized the adoption of the belting system
while enhancing the amount of compensation considering the fact
that the land acquired is for a single use. In the instant case also,
the land was acquired for the purpose of National Highway No.17
for one purpose. Therefore the ratio of decidendi culled out in the
2024:KER:82952
judgment dated 31.8.2011 in LAA No.797 of 2010 and 916 of 2010
categorizing the land of the similarly situated land owners by
enhancing the amount of compensation to Rs.2,24,400/- to 3,33,800/-
per Are by bringing it under category - III in adopting 110%
increase would not be applicable. Thus, we enhance the amount of
compensation by adopting the same formula but by bringing the
land in question, under Category -I, therefore the amount of
compensation by adopting the aforementioned calculation would
arrive at Rs.7,00,959/- (Rupees seven lakh nine hundred and fifty
nine) per Are.
7. Accordingly, the appeals are partly allowed. Appellants are
not entitled to interest for the period of 905 as per the order dated
17.12.2019 by condoning the delay. Appellants will be entitled to
all statutory benefits awarded by the reference court, including
statutory interest, along with proportionate cost. Claimants are
granted two months from the date of receipt of a certified copy of
the judgment, to pay the balance court fee/any deficiency.
SD/-
AMIT RAWAL
JUDGE
SD/-
sab EASWARAN S.
JUDGE
2024:KER:82952
PETITIONER ANNEXURES
ANNEXURE A1 PHOTO COPY OF THE JUDGMENT IN L.A APP. NO.
1295 OF 2009 DATED 20-06-2016.
ANNEXURE A2 CERTIFIED COPY OF THE SALE DEED NO. 4152
OF 2000 SRO, EDAPPALLY.
ANNEXURE A3 CERTIFIED COPY OF THE SALE DEED NO. 694 OF
2001 SRO , EDAPPALLY.
ANNEXURE A4 CERTIFIED COPY OF THE JUDGMENT IN L.A APP.
NO. 916 OF 2010 DT 8-07-2011
ANNEXURE A5 CERTIFIED COPY OF THE JUDGEMENT IN LAR NO.
9 OF 2011 SUB COURT, ERNAKULAM.
ANNEXURE A6 PHOTO COPY OF THE COMMISSION REPORT IN LAR
NO. 31 OF 2008 SUB COURT, ERNAKULAM.
ANNEXURE A8 MEDICAL CERTIFICATE ISSUED BY THE DOCTOR.
2024:KER:82952
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE DECREE IN LAR NO.9
OF 2011 ADDL. SUB COURT-III ERNAKULAM
DATED 31.01.2013.
ANNEXURE A2 PHOTO COPY OF THE COMMISSION REPORT IN LAR
NO.9 O 2011 SUB COURT, ERNAKULAM.
ANNEXURE A3 MEDICAL CERTIFICATE ISSUED BY THE DOCTOR
TO THE POWER OF ATTORNEY DATED 20.03.2019.
