Kerala High Court
T.C. Pappachan vs The State Of Kerala on 11 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
LA.APP. NO. 185 OF 2017
AGAINST THE JUDGMENT AND DECREE DATED 15.12.2016 IN L.A.R.
NO.136 OF 2010 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT,
PERUMBAVOOR
APPELLANTS/ADDITIONAL CLAIMANTS:
1 SURESH KUMAR K.S.
S/O SUKUMARAN NAIR, KOZHUVELIL HOUSE,BRAHAMAPURAM PO,
PUTHENCRUZ VILLAGE,KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
NOW RESIDING AT KOZHUVELIL HOUSE,
PUTHENCRUZ VILLAGE, KANINAD PO, PIN. 682310.
2 SANTHOSH KUMAR K.S
S/O SUKUMARAN NAIR, DO...DO...
3 SATHEESH KUMAR K.S
S/O SUKUMARAN NAIR, DO...DO..
4 SUMA DEVI
D/O SUKUMARANA NAIR, DO...DO...
*5 K.G. LALITHAMMA (APPELLANTS RECORDED)
W/O SUKUMARAN NAIR, DO....DO..
(*IT IS RECORDED THAT APPELLANTS NO 1 TO 4 ARE TEH
LEGAL HEIRS OF 5TH APPELLANT AS PER ORDER DATED
17.02.2021 IN I.A.NO.1/2021)
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.R.KRISHNAKUMAR CHERTHALA
SRI.RONALD PAUL
LA.APP. NO. 185 OF 2017 & CON.CASES
-2-
2024:KER:70800
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REP. BY DISTRICT COLLECTOR, ERNAKULAM.
PIN. 682030.
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE, ERNAKULAM.
PIN. 682011.
BY ADVS.
SRI T K SHAHJAHAN, SR.GOVERNMENT PLEADER
SRI.ARUN ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..78/2018, 79/2018
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-3-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 78 OF 2018
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.154 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANT/CLAIMANT:
T.C. PAPPACHAN,
S/O LATE. VARKEY CHACKO, THURUTHIPARAMBIL
HOUSE,BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE,
ERUMELIKKARA, KUMARAPURAM P.O., KUNNATHUNAD,
ERNAKULAM DISTRICT, PIN-683565.
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.PETER KURIAN
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD, PIN-682030.
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE,
ERNAKULAM, PIN-682011.
LA.APP. NO. 185 OF 2017 & CON.CASES
-4-
2024:KER:70800
BY ADV
SRI T K SHAHJAHAN, SR.GOVERNMENT PLEADER
K. JANARDHANA SHENOY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-5-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 79 OF 2018
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.161 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANT/CLAIMANT:
T.C. PAPPACHAN,
S/O LATE VARKEY CHACKO, THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE,
ERUMELIKKARA, KUMARAPURAM P.O., KUNNATHUNAD,
ERNAKULAM DISTRICT-PIN-683565..
BY ADV
SRI.VARGHESE K.PAUL
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REP. BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD, PIN-682030.
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE,
ERNAKULAM, PIN-682011.
LA.APP. NO. 185 OF 2017 & CON.CASES
-6-
2024:KER:70800
BY ADV
SRI T K SHAHJAHAN, SR.GOVERNMENT PLEADER
K. JANARDHANA SHENOY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-7-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 149 OF 2018
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.148 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANT/CLAIMANT:
T.C.VAVACHAN
S/O LATE VARKEY CHACKO, THURUTHIPARAMBIL
HOUSE,BRAHMAPURAM.P.O,PUTHENCRUZ VILLAGE,
NOW RESIDING AT THURUTHIPARAMBIL HOUSE,
THAMMANIMATTOM, RAMAMANGALAM.P.O, KOLENCHERRY,
PIN:686663.
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.PETER KURIAN
RESPONDENTS/RESPONDNETS:
1 THE STATE OF KERALA
REP.BY DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD,
PIN-682030.
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE, ERNAKULAM,
LA.APP. NO. 185 OF 2017 & CON.CASES
-8-
2024:KER:70800
PIN-682011.
BY ADV
SRI T K SHAHJAHAN, SR.GOVERNMENT PLEADER
K. JANARDHANA SHENOY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-9-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 152 OF 2018
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.152 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANT/CLAIMANT:
T.C. VAVACHAN
S/O.LATE VARKEY CHACKO, THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE,
NOW RESIDING AT THURUTHIPARAMBIL HOUSE,
THAMMANIMATTOM, RAMAMANGLAM P.O.,
KOLENCHERRY, PIN-686663.
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.PETER KURIAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REP. BY DISTRICT COLLECTOR,
ERNAKULAM, KAKKANAD, PIN-682030.
2 THE SECRETARY, KOCHI CORPORATION,
PARK AVENUE, ERNAKULAM, PIN-682011.
LA.APP. NO. 185 OF 2017 & CON.CASES
-10-
2024:KER:70800
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
K. JANARDHANA SHENOY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-11-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 186 OF 2017
(AGAINST THE JUDGMENT AND DECREE DATED 15.12.2016 IN
L.A.R. NO.137 OF 2010 ON THE FILE OF THE SUBORDINATE
JUDGE'S COURT, PERUMBAVOOR)
APPELLANTS/ADDITIONAL CLAIMANTS:
1 SURESH KUMAR K.S.
S/O SUKUMARAN NAIR, KOZHUVELIL HOUSE,
BRAHMAPURAM P.O.,PUTHENCRUZ VILLAGE,
KUNNATHUNADU TALUK,ERNAKULAM DISTRICT,
NOW RESIDING AT KOZHUVELIL HOUSE,
PUTHENCRUZ VILLAGE, KANINAD P.O., PIN-682310.
2 SANTHOSH KUMAR K.S.
S/O SUKUMARAN NAIR,DO.....DO...
3 SATHEESH KUMAR K.S.
S/O SUKUMARAN NAIR,DO....DO....
4 SUMA DEVI
D/O SUKUMARAN NAIR,DO....DO...
*5 K.G.LALITHAMMA (*LEGAL HEIRS RECORDED)
W/O SUKUMARAN NAIR,DO....DO.....
(*IT IS RECORDED THAT THE APPELLANTS 1 TO 4 ARE
THE LEGAL HEIRS OF THE 5TH APPELLANT, AS PER
ORDER DATED 21.01.2021 IN I.A.NO.1/2021)
LA.APP. NO. 185 OF 2017 & CON.CASES
-12-
2024:KER:70800
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.R.KRISHNAKUMAR CHERTHALA
SRI.PETER KURIAN
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA,
REP. BY DISTRICT COLLECTOR,
ERNAKULAM, PIN 682030.
2 THE SECRETARY,
KOCHI CORPORATION, PARK AVENUE,
ERNAKULAM, PIN-682011.
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
SRI.ARUN ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-13-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 414 OF 2017
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.145 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANTS/CLAIMANTS:
1 T.C.VAVACNAN
S/O LATE VARKEY CHACKO,
THURUTHIPARAMBIL HOUSE, BRAHMAPURAM.P.O,
PUTHENCRUZ VILLAGE, NOW RESIDING AT
THURUTHIPARAMBIL.P.O,KOLENCHERRY,PIN:686663.
2 T.C.PAPPACHAN
S/O.LATE VARKEY CHACKO, THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM.P.O, PUTHENCRUZ VILLAGE,
ERUMELIKKARA,KUMARAPURAM.P.O,KUNNATHUNAD,
ERNAKULAM DISTRICT,PIN-683565.
3 T.C.JACOB
S/O.LATE VARKEY CHACKO,THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM.P.O,PUTHENCRUZ VILLAGE,
NOW RESIDING AT THURUTHIPARAMBIL HOUSE,
KADAYIRUPPU, PATTIMATTOM, AIKARANAD SOUTH,
LA.APP. NO. 185 OF 2017 & CON.CASES
-14-
2024:KER:70800
ERNAKULAM, PIN-608231.
4 ANNAMMA
S/O.LATE VARKEY CHACKO,THURUTHIPARAMBIL HIOUSE,
BRAHMAPURAM.P.O,PUTHENCRUZ VILLAGE,
NOW RESIDING AT W/O.PATHROSE, KUDILIMARIL
HIOUSE, FACT CHRISTIAN COLONY,
BRAHMAPURAM.P.O,PUTHENCRUZ,AMBALAMEDU,
ERNAKULAM,PIN-682303.
5 MARY
S/O LATE VARKEY CHACKO, THURUTHIPARAMBIL
HIOUSE,BRAHMAPURAM.P.O, PUTHENCRUZ VILLAGE,
NOW RESIDING AT W/O P.K.JACOB, PUTHANAGADIYIL,
KANDANAD, MANAKUNNAM, ERNAKULAM,
KANDANAD, PIN-682305.
6 LEELA
S/O.LATE VARKEY CHACKO, THURUTHIPARAMBIL
HOUSE,BRAHMAPURAM.P.O., PUTHENCRUZ VILLAGE,
NOW RESIDING AT W/O.ARBAHAM,AINKAL,
WEST MORAKKALA, KUMARAPURAM.P.O, KUNNATHUNAD,
ERNAKULAM, PIN-683565.
7 SANTHA
S/O.LATE VARKEY CHACKO, THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM.P.O, PUTHENCRUZ VILLAGE,
NOW RESIDING AT W/O.K.K.PAILY, KANIYATH,
ERNAKULAM, KERALA-682308.
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.R.KRISHNAKUMAR CHERTHALA
SRI.PETER KURIAN
SRI.T.M.VYSHAKH MENON
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
LA.APP. NO. 185 OF 2017 & CON.CASES
-15-
2024:KER:70800
REP.BY DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD,
PIN-682030.
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE, ERNAKULAM,
PIN-682011.
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
V.P.REJITHA (PUZHAKKALIDOM)
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-16-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 415 OF 2017
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.149 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANT/CLAIMANT:
T.C.JACOB
S/O LATE VARKEY CHACKO, THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM.P.O, PUTHENCRUZ VILLAGE
NOW RESIDING AT THURUTHIPARAMBIL HOUSE,
KADAYIRUPPU, PATTIMATTOM, AIKARANAD NORTH,
ERNAKULAM,PIN-682031.
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.R.KRISHNAKUMAR CHERTHALA
SRI.PETER KURIAN
SRI.T.M.VYSHAKH MENON
LA.APP. NO. 185 OF 2017 & CON.CASES
-17-
2024:KER:70800
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP.BY DISTRICT COLLECTOR,
ERNAKULAM,KAKKANAD,PIN-682030.
2 THE SECRETARY,
KOCHI CORPORATION, PARK AVENUE, ERNAKULAM,
PIN-682011.
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
K. JANARDHANA SHENOY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-18-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 419 OF 2017
(AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 IN
L.A.R. NO.141 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANT/CLAIMANT:
T.C.JACOB
S/O LATE. VARKEY CHACKO,
THURUTHIPARAMBIL HOUSE, BRAHMAPURAM P.O.,
PUTHENCURZ VILLAGE , NOW RESIDING AT
THURUTHIPARAMBIL HOUSE, KADAYIRUPPU,
PATTIMATTOM, AIKARANAD NORTH, ERNAKULAM.
BY ADVS.
SRI.VARGHESE K.PAUL
SRI.R.KRISHNAKUMAR CHERTHALA
SRI.PETER KURIAN
SRI.T.M.VYSHAKH MENON
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD , PIN.682030
LA.APP. NO. 185 OF 2017 & CON.CASES
-19-
2024:KER:70800
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE, ERNAKULAM,
PIN.682011
BY ADV
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
SRI.ARUN ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-20-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 157 OF 2020
(AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 IN
L.A.R. NO.5 OF 2011 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANTS/CLAIMANTS:
1 AYSHA MAMMUKUTTY
AGED 70 YEARS
W/O. LATE MAMMUKUTTY, CHELLIPADATH PEEDIKAYIL,
RESIDING AT MOOLEBHAGATH, BRAHMAPURAM P.O.,
PUTHENCRUZ VILLAGE, NOW RESIDING AT
CHELLIPADATH HOUSE, CHELLIPPADAM NAGAR,
KANINADU P.O., ERNAKULAM DISTRICT,PIN-682 310
2 LATHEEF.M.M.,
AGED 49 YEARS,
S/O. LATE MAMMUKUTTY, CHELLIPADATH PEEDIKAYIL,
RESIDING AT MOOLEBHAGATH, BRAHMAPURAM P.O.,
PUTHENCRUZ VILLAGE, NOW RESIDING AT
CHELLIPADATH HOUSE, CHELLIPPADAM NAGAR,
KANINADU P.O., ERNAKULAM DISTRICT,PIN-682 310
3 SAJITHA.M.M.,
AGED 51 YEARS, D/O. LATE MAMMUKUTTY,
CHELLIPADATH PEEDIKAYIL, RESIDING AT
MOOLEBHAGATH, BRAHMAPURAM P.O., PUTHENCRUZ
VILLAGE, NOW RESIDING AT PERUMAMKUDY HOUSE,
PUNNORKODE, PAZHATHOTTAM P.O., PIN-683 565
LA.APP. NO. 185 OF 2017 & CON.CASES
-21-
2024:KER:70800
4 SABITHA.M.K.,
AGED 40 YEARS, W/O. LATE ABDUL MUTHAR,
CHELLIPADATH PEEDIKAYIL, RESIDING AT
MOOLEBHAGATH, BRAHMAPURAM P.O., PUTHENCRUZ
VILLAGE, NOW RESIDING AT CHELLIPADATH HOUSE,
CHELLIPPADAM NAGAR, KANINADU P.O.,
ERNAKULAM -682 310
5 AFIN MUHAMMED.C.A.,
AGED 9 YEARS, S/O. LATE ABDUL MUTHAR,
CHELLIPADATH PEEDIKAYIL, RESIDING AT
MOOLEBHAGATH, BRAHMAPURAM P.O., PUTHENCRUZ
VILLAGE, NOW RESIDING AT CHELLIPADATH HOUSE,
CHELLIPPADAM NAGAR, KANINADU P.O.,
ERNAKULAM,PIN -682 310
REPRESENTED BY HIS MOTHER AND NEXT FRIEND
SABITHA.M.K., THE 4TH APPELLANT
*6 ASIF MUHAMMED.C.A., (*RECORDED AS MAJOR)
AGED 11 YEARS, S/O. LATE ABDUL MUTHAR,
CHELLIPADATH PEEDIKAYIL, RESIDING AT
MOOLEBHAGATH, BRAHMAPURAM P.O.,
PUTHENCRUZ VILLAGE, NOW RESIDING AT
PARAYANKUDY HOUSE, VEMBILLY P.O., PARAKOD,
ERNAKULAM, PIN-683 565, REPRESENTED BY
HIS MOTHER AND NEXT FRIEND SABEENA P.H.
(*APPELLANT NO.6 IS RECORDED AS MAJOR AND HIS
NEXT FRIEND IS DISCHARGED THEREBY PERMITTING
THE FORMER TO PROCEED IN HIS OWN NAME IN THE
APPEAL AS PER ORDER DATED 04.12.2023 IN
I.A.NO.1/2023 IN LAA NO.157/2020)
7 ASHARAF.T.I.,
AGED 52 YEARS,
S/O. IBRAHIM KUTTY, H/O. LATE SHABINA,
RESIDING AT THURUTHIPARAMBIL HOUSE,
BHRAHMAPURAM P.O., PIN-682 303
8 RAMEESA T.A.,
AGED 22 YEARS, D/O. ASHRAF T.I.,
THURUTHIPARAMBIL HOUSE,
BHRAHMAPURAM P.O., PIN-682 303
LA.APP. NO. 185 OF 2017 & CON.CASES
-22-
2024:KER:70800
9 SAMEERA T.A.,
AGED 20 YEARS,
D/O. ASHRAF.T.I., THURUTHIPARAMBIL HOUSE,
BHRAHMAPURAM P.O., PIN-682 303
BY ADVS.
VARGHESE K.PAUL
KUM.TERESA AMMU
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REP BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD,PIN-682 030
2 THE SECRETARY
KOCHI CORPORATION, PARK AVENUE,
ERNAKULAM, PIN-682 011
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
SRI.JANARDHANA SHENOY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
-23-
2024:KER:70800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 252 OF 2020
(AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 IN
L.A.R. NO.162 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANTS/CLAIMANTS:
1 NADEERA SULAIMAN
AGED 59 YEARS
W/O.LATE M.E.SULAIMAN, CHELLIPADATH,
BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE, NOW
RESIDING AT CHELLIPADATH HOUSE, KANINADU P.O.,
ERNAKULAM DISTRICT, PIN - 682 310.
2 NAJEENA SULAIMAN
D/O.LATE M.E.SULAIMAN, CHELLIPADATH,
BRAHMAPURAM P.O., PUTHECRUZ VILLAGE, NOW
RESIDING AT CHELLIPADATH HOUSE, KANINADU P.O.,
ERNAKULAM DISTRICT, PIN - 682 310.
3 RAHEENA SULAIMAN
D/O.LATE M.E.SULAIMAN, CHELLIPADATH,
BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE, NOW
RESIDING AT CHELLIPADATH HOUSE, KANINADU P.O.,
ERNAKULAM DISTRICT, PIN - 682 310.
4 MAHIN ABOOBACKER M.S.
S/O.LATE M.E.SULAIMAN, CHELLIPADATH,
BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE, NOW
RESIDING AT CHELLIPADATH HOUSE, KANINADU P.O.,
LA.APP. NO. 185 OF 2017 & CON.CASES
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ERNAKULAM DISTRICT, PIN - 682 310.
BY ADVS.
VARGHESE K.PAUL
SRI.PETER KURIAN
KUM.TERESA AMMU
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REP. BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD, PIN - 682 030.
2 THE SECRETARY, KOCHI CORPORATION,
PARK AVENUE, ERNAKULAM, PIN - 682 011.
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
LA.APP. NO. 141 OF 2020
(AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 IN
L.A.R. NO.151 OF 2010 ON THE FILE OF SUBORDINATE JUDGE'S
COURT, PERUMBAVOOR)
APPELLANTS/CLAIMANT NOS.2,3,5,7,8,12,9-11:
1 AISHA MAMMUKUTTY
AGED 69 YEARS
W/O. LATE MAMMUKUTTY, CHELLIPADATH PEEDIKAYIL,
RESIDING AT MOOLEBHAGATH, BRAHMAPURAM P. O.,
PUTHENCRUZ VILLAGE,
NOW RESIDING AT CHELLIPADATH HOUSE,
CHELLIPPADAM NAGAR, KANINADU P. O.,
ERNAKULAM DISTRICT, PIN - 682 310.
2 LATHEEF M. M.
S/O. LATE MAMMUKUTTY, CHELLIPADATH PEEDIKAYIL,
RESIDING AT MOOLEBHAGATH, BRAHMAPURAM P. O.,
PUTHENCRUZ VILLAGE, NOW RESIDING AT
CHELLIPADATH HOUSE, CHELLIPPADAM NAGAR,
KANINADU P. O., ERNAKULAM DISTRICT,
PIN - 682 310.
3 SAJITHA M. M.
D/O. LATE MAMMUKUTTY, CHELLIPADATH PEEDIKAYIL,
RESIDING AT MOOLEBHAGATH, BRAHMAPURAM P. O.,
PUTHENCRUZ VILLAGE, NOW RESIDING AT PERUMAMKUDY
HOUSE, PUNNORKODE, PAZHATHOTTAM P. O.,
PIN - 683565.
LA.APP. NO. 185 OF 2017 & CON.CASES
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4 SABITHA M. K.
W/O. LATE ABDUL MUTHAR, CHELLIPADATH
PEEDIKAYIL, RESIDING AT MOOLEBHAGATH,
BRAHMAPURAM P. O., PUTHENCRUZ VILLAGE,
NOW RESIDING AT CHELLIPADATH HOUSE,
CHELLIPPADAM NAGAR, KANINADU P. O.,
ERNAKULAM - 682 310.
5 AFIN MUHAMMED C. A.
S/O. LATE ABDUL MUTHAR, CHELLIPADATH
PEEDIKAYIL, RESIDING AT MOOLEBHAGATH,
BRAHMAPURAM P. O., PUTHENCRUZ VILLAGE, NOW
RESIDING AT CHELLIPADATH HOUSE, CHELLIPPADAM
NAGAR, KANINADU P. O., ERNAKULAM,
PIN - 682 310, REPRESENTED BY HIS MOTHER AND
NEXT FRIEND, SABITHA M. K., THE 4TH APPELLANT.
*6 ASIF MUHAMMED C. A.(*RECORDED MAJOR)
S/O. LATE ABDUL MUTHAR, CHELLIPADATH
PEEDIKAYIL, RESIDING AT MOOLEBHAGATH,
BRAHMAPURAM P. O., PUTHENCRUZ VILLAGE,
NOW RESIDING AT PARAYANKUDY HOUSE, VEMBILLY P.
O., PARAKOD, ERNAKULAM, REPRESENTED BY
HIS MOTHER AND NEXT FRIEND, SABEENA P. H.
(*IT IS RECORDED THAT THE 6TH APPELLANT AS
MAJOR AND NEXT FRIEND OF THE 6TH APPELLANT IS
DISCHARGED AND 6TH APPELLANT IS PERMITTED TO
PROCEED IN HIS OWN NAME AS PER ORDER DATED
20/11/2023 IN IA 1/2023 IN LAA 141/2020)
7 ASHARAF T. I.,
S/O. IBRAHIM KUTTY, H/O. LATE SHABINA,
RESIDING AT THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM P. O., PIN - 682 303.
8 RAMEESA T. A.,
D/O. ASHRAF T. I., THURUTHIPARAMBIL HOUSE,
BRAHMAPURAM P. O., PIN - 682 303.
9 SAMEERA T. A.,
D/O. ASHRAF T. I., THURUTHIPARAMBIL HOUSE,
LA.APP. NO. 185 OF 2017 & CON.CASES
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BRAHMAPURAM P. O. - 682 303.
BY ADVS.
VARGHESE K.PAUL
KUM.TERESA AMMU
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REP. BY DISTRICT COLLECTOR, ERNAKULAM,
KAKKANAD, PIN - 682 030.
2 THE SECRETARY, KOCHI CORPORATION
PARK AVENUE, ERNAKULAM, PIN - 682 011.
BY ADV.
SRI T. K. SHAHJAHAN, SR.GOVERNMENT PLEADER
SRI.ARUN ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, ALONG WITH LA.App..185/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
LA.APP. NO. 185 OF 2017 & CON.CASES
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JUDGMENT
[LA.App. Nos.185/2017, 78/2018, 79/2018,
149/2018, 152/2018, 186/2017, 414/2017,
415/2017, 419/2017, 157/2020, 252/2020,
141/2020]
AMIT RAWAL, J.
1. This order shall dispose of twelve(12) appeals
preferred by the claimants seeking enhancement of the
compensation in respect of the acquisition caused by
issuing notification under Section 4(1) of the erstwhile
Land Acquisition Act, 1894 dated 10.11.2007 of the land
for the purpose of construction of Brahmapuram Solid
Waste Treatment Plant Phase-I situated in (20) Acres of
Land comprised in various survey numbers of the
Puthencruz Village. In all these cases the Land
Acquisition Officer assessed the compensation at the rate
of Rs.2,04,476/- (Rupees Two lakh four thousand four
hundred and seventy six only) per Are. It is pertinent to
mention here that one acre is equivalent to hundred(100)
LA.APP. NO. 185 OF 2017 & CON.CASES
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cents as also 40.5 Ares. Aggrieved of the lesser
compensation land owners sought the reference to the
reference court under Section 18 of the erstwhile Act.
2. Before the Sub Court both the parties, i.e.,
claimants as well as the State, brought the following
documents on record:
"Appendix
A1 - 31/08/2013 Special Power of Attorney
-
A2 - 23/06/2008 Certified Copy of sale deed
A3 - " Certified Copy of sale deed
A4 - " Certified Copy of sale deed
A5 - 20/08/2007 Certified Copy of sale deed
A6 - 28/04/2008 Certified Copy of sale deed
A7 - 24/10/2008 Certified Copy of sale deed
A8 - 23/07/2008 Certified Copy of sale deed
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A9 - 26/03/2008 Certified Copy of Lease deed
No.896/I/2008
A10 - 12/03/2013 Certified Copy of judgment in
LAR 138/2010 of this Court
A11 - 30/03/2013 Certified Copy of judgment in
of this Court
Respondents' Exhibits:-
R1 - Reference File filed by
Spl.Tahsildar in LAR.139/2010
R1(b) - - Note to Award
R1(c) - - Mahazar prepared by LA Officer
R1(d) - - Valuation statement prepared by
LA Officer
R1(e) - - Valuation of trees prepared by LA
Officer
R2 - Reference file filed by
Spl.Tahsildar in LAR.137/2010
R2(b) - Mahazar prepared by LA Officer
R2(c) - Valuation statement prepared by
LA Officer
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R2(d) - Valuation of trees prepared by LA
Officer
R3 28/01/2008 - Sale Deed No.1186/2008
Besides the aforementioned records, claimants examined
two(2) witnesses including the Advocate Commissioner
and State, one witness. Learned Sub Court/
Reference Court examined the following records:
Court Exhibits:-
C1 - 17/07/2014 - Commission Report filed by
Adv.Lola Issac
C1(a) - - Rough Sketch
3. It is pertinent to mention here that the Land
Acquisition Officer while assessing the compensation had
categorized the land into seven(7) categories as follows:
Sl. Category Nature of land Land Value in
No. No. Rs.
1 I Dry land having road 2,74,227
frontage.
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2 II Dry land lying interior. 2,60,516
3 III Wet land having road 1,78,248
frontage.
4 IV Wet reclaimed dry land 2,33,093
having road frontage.
5 V Land lying partly wet and 2,04,476
dry.
6 VI Wet reclaimed dry land 2,24,924
lying interior.
7 VII Wet land lying in interior. 1,22,686
4. The Sub Court enhanced the compensation in
the aforesaid seven categories in the following manner:
Sl. Category Nature of land Land Value in
No. No. Rs.
1 I Dry land having road
frontage. 466186
2 II Dry land lying interior. 442877
3 III Wet land having road
frontage. 303022
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4 IV Wet reclaimed dry land
having road frontage. 396258
5 V Land lying partly wet and
dry. 347609
6 VI Wet reclaimed dry land
lying interior. 382371
7 VII Wet land lying in interior.
208566
6. The aforementioned compensation arrived at
by the Sub Court was based upon increase of 70% of the
price referred in the sale deed by taking into
consideration Ext.A2 sale deed No.9133 of 2007 dated
21.12.2007 relied upon by the Land Acquisition Officer,
though the same was not placed on record by the State,
and ignored the sale deed Ext.A5 dated 20.08.2007
executed immediately before the issuance of the
notification, as from the details of the documents supra,
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it is evident that all other sale deeds pertained to post
notification. State relied upon certain awards passed by
the different Land Acquisition Officers and one sale deed
dated 28.01.2008 (post notification). Appellants -
claimants had also taken the assistance of local
Commissioner for ascertaining the valuation of the land.
The Advocate Commissioner submitted Report that the
acquired property was of more important value than the
one referred to in the sale deed dated 20.08.2007 Ext.A5.
7. Mr.Varghese K.Paul, learned counsel
appearing on behalf of the appellants assisted by
Kashmeera Ashraf and Anamika Sasikumar submitted
that both Land Acquisition Officer as well as Reference
Court erroneously categorized the nature of the land for
the purpose of arriving at the assessment as noticed
above. It is impermissible to adopt the belting system as
the entire acquisition was for the construction of
Brahmapuram Solid Waste Treatment Plant and
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widening of the existing road. In support of the
contention relied upon the judgment of the Hon'ble
Supreme Court in Patiala urban Planning and
Development Authority v. Tarlochan Singh (2020
(17) SCC 224), Besco Limited Vs. State of Haryana
& Ors (2023 SCC Online SC 107) Bijender and
Others v. State of Haryana & Others (2017 AIR SC
5811) and Ashrafi vs. State of Haryana (2013 (5)
SCC 527.
8. It was further argued that subsequent to the
aforementioned notification government caused another
notification for acquiring more land for the purpose of
extension of the solid waste treatment plant which was
named as Phase-II Brahmapuram Solid Waste Treatment
Plant. The compensation as per the judgment of this
Court in the aforementioned provision though adopted
the belting system had been ranging from Rs.8,14,018/-
(Rupees Eight lakh fourteen thousand and eighteen
LA.APP. NO. 185 OF 2017 & CON.CASES
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only), Rs.5,96,947/- (Rupees Five lakh ninety six
thousand nine hundred and forty seven only),
Rs.7,05,482/- (Rupees Seven lakh five thousand four
hundred and eighty two only) per Ares. However, the
learned Tribunal while referring the contents of the sale
deed Ext.A5 in paragraph No.20 of the judgment while
determining the compensation under point No.2 has not
taken into consideration the price fixed for sale of the
land executed between the vendor and the vendee.
Despite the fact that the Local Commissioner had
categorically stated that the acquired land had more
value than the land referred to in Ext.A5. Ext.A5 was in
respect of a land measuring two(2) acres 14.149 cents
which is the sale deed of 20.08.2007 whereby the
property was sold for a total sale consideration of
8,75,00,000/- (Rupees Eight crores seventy five lakh
only) to M/s Akkulam Township Pvt.Ltd. By taking the
valuation of the land, the compensation is required to be
LA.APP. NO. 185 OF 2017 & CON.CASES
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enhanced to Rs.10,00,000/- per Are.
8. On the other hand, Mr.T.K.Shajahan, learned
Senior Government Pleader appearing on behalf of the
State submitted that the findings of Sub Court/Reference
Court is based upon the appreciation of the documentary
evidence on record. Ext.A5 cannot be taken into
consideration for, it has been sold to a company and
obviously the company for establishing the township
would pay more price than the one available or the land
is being sold at the relevant point of time. All other sale
deeds are of post notification. Both Land Acquisition
Officer and the Sub Court rightly assessed the different
valuation for the purpose of arriving at a just and
equitable compensation by categorizing the land for, if
the land is being sold in the market without acquisition
depending upon the category would fetch a lesser price.
9. We have heard learned counsel for the parties
and appraised the paper books.
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10. The law with regard to the belting system is
not longer res integra in view of the ratio decidendi
culled out in the judgments cited supra. Precisely this is
what our observation in the first blush when we started
the hearing of the matter. It is settled law that once the
notification has been issued for development of the
Brahmapuram Solid Waste Treatment Plant, the location
of the property either having a road frontage, back
frontage, interior or wet or dry would be meaningless.
The belting area for valuation, thus in our considered
view is wholly incorrect.
11. We have already, in one of the appeal bearing
L.A.App No.157 of 2013 titled as K.P.O.Rahmathulla Vs.
The Special Tahsildar LA(GEN.) has already enhanced
the compensation by taking the ratio decidendi culled
out in the judgments cited supra. For the reason
aforementioned, we thus, enhance the compensation of
the land considering that it has been acquired for
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establishment of Phase-I of the Brahmapuram Solid
Waste Treatment Plant.
12. It is pertinent to mention here that the
Reference Court had not been adopting similar yardstick
in arriving at a compensation for different categories of
land. In L.A.App.No.534 of 2013 arising out of
L.A.R.No.138 of 2020 in respect of the similar acquisition
of 10.11.2007, the Land Acquisition Officer for land of
Category No.III, assessed the compensation at the rate of
Rs.1,78,248/- (Rupees One lakh seventy eight thousand
two hundred and forty eight only) per Are whereas the
Reference Court enhanced it to Rs.6,48,637/- (Rupees Six
lakh forty eight thousand six hundred and thirty seven
only) by relying upon document dated 22.05.2008 post
notification. In the aforementioned case the claimants
had not come forward for seeking enhancement. Thus
the basic value as per the post notification in respect of
category No.III would be Rs.6,48,000/-. Considering the
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rate of the land referred to in Ext.A5, it comes to
approximately Rs.10,00,000/- (Rupees Ten lakh only) per
Are. But taking the average between the two prices as
referred to above, we thus assess the compensation for
all categories of land as Rs.10,00,000/- (Rupees Ten lakh
only) per Are. The appeals are allowed to the
aforementioned extent by modifying the order of the Sub
Court. The claimants shall also be entitled to all the
statutory benefits including the interest as granted by
the Sub Court. In case the State has already deposited
the enhanced compensation, we direct to pay the balance
amount in the same consideration and in case of non-
payment, they are directed to deposit the same as
expeditiously as possible within a period of two(2)
months from the date of receipt of the certified copy of
the judgment. Appeals stand disposed of.
13. It is also made clear that few of the cases
have formally been admitted and balance court fee is not
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paid. Appellants are directed to remit the balance court
fee within a period of one month, if not already paid. At
this stage, learned Government Pleader has made an
objection that few appeals have been filed beyond the
period of limitation. Having looked at the applications,
the delay is only of twenty two (22) days, therefore we
would not be taking away the benefit of the interest to be
awarded to the claimants.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
vv
LA.APP. NO. 185 OF 2017 & CON.CASES
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PETITIONER ANNEXURES
ANNEXURE A1 SECONDARY SCHOOL MARKLIST CUM
CERTIFICATE
LA.APP. NO. 185 OF 2017 & CON.CASES
2024:KER:70800
PETITIONER ANNEXURES
ANNEXURE A1 SECONDARY SCHOOL MARK LIST CUM
CERTIFICATE
