Kerala High Court
Sabitha K.P vs The Special Tahsildar on 2 April, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
LA.APP. NO. 170 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2018 IN LAR
NO.95 OF 2014 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANTS/CLAIMANTS:
1 JASIR AHAMMED M.C,
AGED 54 YEARS
S/O. MUHAMMED, RESIDING AT "HASNAS", MUZHAPILANGAD
P.O., NEAR MOIDU BRIDGE, KANNUR TALUK, KANNUR
DISTRICT
2 K.P. HASANA
W/O. LATE MAHAMMOOD, RESIDING AT "HASNAS",
MUZHAPILANGAD P.O., NEAR MOIDU BRIDGE, KANNUR
TALUK, KANNUR DISTRICT
BY ADV SERGI JOSEPH THOMAS
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR,
LA, THALASSERY, PIN - 670 301
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
2
2 THE DIVISIONAL FORESTR OFFICER
KANNUR, PIN - 670 002
3 GOVERNMENT OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR, PIN
- 670 002
BY SR. GOVT. PLEADER SRI.TK SHAJAHAN FOR R1 TO R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
02.04.2025, ALONG WITH LA.App..182/2019, 528/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
LA.APP. NO. 182 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2018 IN LAR
NO.94 OF 2014 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANT/CLAIMANT:
SABITHA K.P,
AGED 48 YEARS
W/O BABU @ KUNHAMMED, HOUSEWIFE, RESIDING AT
"HASNAS", MUZHAPILANGAD P.O.NEAR MOIDU BRIDGE,
THALASSERY TALUK, KANNUR DISTRICT.
BY ADV SERGI JOSEPH THOMAS
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR,
LA, THALASSERY, PIN-670 301.
2 THE EXECUTIVE ENGINEER,
PWD N.H. DIVISION, THALASERY, PIN-670 301.
3 STATE OF KERALA,
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
4
REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR-670
002.
BY SR.GOVERNMENT PLEADER SRI.T.K.SHAJAHAN FOR R1 TO
R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
02.04.2025, ALONG WITH LA.App..170/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
LA.APP. NO. 528 OF 2022
AGAINST THE JUDGMENT AND DECREE DATED 04.02.2022 IN LAR
NO.2 OF 2017 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANT/SUPPLEMENTAL CLAIMANT:
HAFSATHABI M K,
AGED 46 YEARS
D/O RUKHIYA. M.K, RESIDING AT AKBAR MAHAL,
DHARMADAM P.O, NEAR MOIDU BRIDGE, THALASSERY TALUK,
KANNUR DISTRICT.- 670106.
BY ADV SERGI JOSEPH THOMAS
RESPONDENTS/RESPONDENTS:
1 EXECUTIVE ENGINEER,
NH DIVISION, P.W.D. KANNUR. 670 002
2 THE GOVERNMENT OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. PIN
-670 002.
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
6
3 THE SPECIAL TAHSILDAR, LA,
THALASSERY, PIN- 670301.
BY SR.GOVT. PLEADER SRI.T.K.SHAJAHAN FOR R1 TO R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
02.04.2025, ALONG WITH LA.App..170/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
CO NO. 146 OF 2024
IN L.A.APP.NO.528/2022
AGAINST THE JUDGMENT AND DECREE DATED 04.02.2022 IN LAR
NO.2 OF 2017 OF ADDITIONAL SUB COURT, THALASSERY
CROSS OBJECTORS/RESPONDENTS:
1 THE EXECUTIVE ENGINEER
NH DIVISION, PWD, KANNUR, PIN - 670002
2 THE GOVERNMENT OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR, PIN
- 670002
3 THE SPECIAL TAHSILDAR
LA,THALASSERY, PIN - 670301
BY ADV.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
RESPONDENT/APPELLANT:
HAFSATHABI M K
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
8
D/O RUKHIYA M K, RESIDING AT AKBAR MAHAL, DHARMADAM
P O, NEAR MOIDU BRIDGE, THALASERRY TALUK, KANNUR,
PIN - 670106
ADV SERGI JOSEPH THOMAS
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR
ADMISSION ON 02.04.2025, ALONG WITH LA.App..170/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
9
DR. A.K.JAYASANKARAN NAMBIAR, J. & EASWARAN S., J.
--------------------------------------------------------------------------------------
LA.App. Nos.170/2019, 182/2019 & 528/2022
and
Cross Objection No.146/2024 in L.A.App.No.528/2022
-------------------------------------------------------------------------------
Dated this the 2nd day of April, 2025
JUDGMENT
Easwaran S., J.
These appeals arise out of the judgments and decrees in LAR
Nos.95/2014 and 94/2014 dated 31.10.2018 and in LAR No.2/2017 dated
4.2.2022 on the files of the Additional Sub Court, Thalassery, respectively.
The brief facts necessary for the disposal of these appeals are as follows:
L.A.App.Nos.182/2019 & 170/2019
2. An extent of 0.0164 Hectares and 0.0404 Hectares of land,
respectively, comprised in R.S No.214/7A of Muzhappilangad Village,
Kannur Taluk was acquired for the purpose of construction of the
approach road to Moidu bridge. The notification under Section 4(1) of
the Land Acquisition Act was issued on 8.2.2010 and the award was
passed on 13.12.2012. The land acquisition officer, relying on document
No.2574/08 dated 15.11.2008, fixed the land value at Rs.11,200/- per
cent. Dissatisfied with the amount fixed by the land acquisition officer,
the claimants sought reference under Section 18 of the Land Acquisition
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
Act.
3. An extent of 0.0186 Hectares of land comprised in R.S
No.24/1 (New S.No.24/11) of Dharmadam Village, Thalassery Taluk was
acquired for the purpose of construction of the approach road to New
Moidu bridge. The notification under Section 4(1) of the Land
Acquisition Act was issued on 22.04.2009 and the award was passed on
03.05.2012. The land acquisition officer, relying on document
No.2574/08 dated 15.11.2008, fixed the land value at Rs.11,190/- per
cent. Dissatisfied with the amount fixed by the land acquisition officer,
the claimant sought reference under Section 18 of the Land Acquisition
Act.
4. Before the reference court, the claimants in
L.A.App.Nos.182/2019 & 170/2019 adduced evidence in the form of
Exts.A1 to A7 and examined AW1 to AW4. An Advocate Commissioner
was taken out for local inspection, who submitted his report as Ext.X1.
The copy of the basic document was produced by the respondents and
marked as Ext.R1. The claimants basically contended that as per sale
deed No.2557/2012 dated 4.7.2012, the State had purchased the
property from the land owners for the very same acquisition, where the
total amount fixed was Rs.1,67,000/- per cent. The reference court in
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
these cases reduced 50% of the amount so fixed under Ext.A5 and arrived
at a value of Rs.80,000/- per cent.
5. Insofar as L.A.App No.528/2022 is concerned, the claimants
therein produced Exts.A1 to A9 documents and examined BW1 and BW3
as witnesses. The basic document was produced on the side of the
respondents as Ext.R1. The reports of the Advocate Commissioner were
marked as Exts.X1 and X2. After appreciation of the evidence, the
reference court fixed the value at Rs.70,000/- per cent.
6. The State has preferred Cross Objection No.146/2024 in
L.A.App.No.528/2022 contending that the value determined in Ext.A5 by
the District Level Purchase Committee cannot form the basis for
determination of the market value because the same includes solatium
and other statutory benefits. The claimants, on the other hand,
contended before us that there is no impediment in taking the price fixed
by the District Level Purchase Committee and deducting the statutory
benefits and carving out the land value alone for the purpose of
determining the market value.
7. Heard Sri.Sergi Joseph Thomas, the learned counsel
appearing for the appellants/claimants and Sri.T.K.Shajahan, the learned
Senior Government Pleader appearing for the State.
8. Admittedly, none of the claimants were successful before the
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
reference court in producing any exemplar in order to enable the
reference court to determine the market value of the land acquired in the
proper perspective. Therefore, the only option available before the
reference court was to redetermine the market value based on the value
reflected in Ext.A5 deed in L.A.R Nos.94 & 95 of 2014, and Exts.A1 & A2,
in L.A.R No.2/2017 is concerned. It is true that the aforesaid documents
are post notification documents, but, at the same time, we cannot ignore
the fact that the negotiation was completed much before the documents
were executed and the prices were determined immediately after the
notification was issued under Section 4(1) of the Land Acquisition Act.
Therefore, we do not find any reason to entertain the cross objection
preferred by the State in L.A.App No.528/2022 on the ground that the
reliance placed by the reference court to Exts.A1 & A2 and documents
No.2557/2012 is erroneous.
9. As regards the methodology adopted by the reference court
for fixation of the market value, we find that the reference court has not
correctly approached the issue. The value under Ext.A5 deed in LAR
Nos.94 & 95/2014, no doubt, reflects the land value together with
solatium and interest. In terms of Section 23 of the Land Acquisition Act,
1894, 30% solatium and 12% interest are awarded. Therefore, we can
safely arrive at the market value, if we deduct the same from
2025:KER:28853
LA.App. Nos.170/2019, 182/2019, 528/2022 &
CO 146/2024 in LA.App 528/2022
Rs.1,67,000/-. The exact formula to be applied is " x / 1.42 " [1,67,000 /
1.42 = 1,17,605.63 = rounded off to Rs.1,17,605/-]. The reference court
awarded Rs.80,000/- per cent in LAR Nos.94 & 95 of 2014 and
Rs.70,000/- per cent in LAR No.2/2017 as the market value, whereas by
adopting the aforesaid formula, we find that the claimants are entitled
for an amount of Rs.1,17,605/- per cent.
10. Accordingly, we allow these appeals preferred by the
claimants and refix the land value at Rs.1,17,605/- (Rupees One lakh
Seventeen Thousand Six Hundred and Five only) per cent and dismiss
the Cross Objection preferred by the State.
All the claimants will be entitled to statutory benefits, including
proportionate costs.
Sd/-
DR.A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
EASWARAN S.
JUDGE
jg
