Kerala High Court
Leelamma vs State Of Kerala on 11 April, 2025
LA.APP.NO.907/2014 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
LA.APP. NO. 907 OF 2014
ARISING OUT OF THE JUDGMENT AND DECREE DATED
16.06.2005 IN LAR NO.131 OF 2003 OF PRINCIPAL SUB COURT,
KOTTAYAM
APPELLANT/CLAIMANT:
LEELAMMA
MARANGOLIL HOUSE, KULASEKHARAMANGALAM P.O,
VAIKOM 686 608
BY ADV SRI.MATHEW PHILIP EDAPPALLIL
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
KOTTAYAM
BY ADV.
SMT.REKHA C.NAIR, SR.GOVERNMENT PLEADER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
LA.APP.NO.907/2014 2
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JUDGMENT
Dated this the 11th day of April, 2025
This Land Acquisition Appeal is filed challenging the
judgment and decree in LAR No.131 of 2003 dated 16.06.2005, of
the Principal Sub Court, Kottayam. Appellant was the claimant
before the reference court. Parties are hereinafter referred to as per
their status in the reference court.
2. An extent of 0.0825 hectares of land, (20.3775 cents)
comprised in Survey No.7/3-2 of Kulasekharamangalam Village
equally owned by the claimant and her husband Sri.Ulahannan
Varghese was acquired for the purpose of construction of
Palamkadavu Bridge in Chembu-Thalayolaparambu Road. Award
No.1/ 2002 was rendered on 27.07.2002. Section 4 (1) notification
was published on 30.07.1999 and the property was taken
possession of on 05.11.2002. Aggrieved by the value fixed by the
Land Acquisition Officer (LAO), both the claimant and her husband
preferred LARs seeking enhancement. LAR No.132 of 2003 was
filed by Sri.Ulahannan Varghese and LAR No.131 of 2003 was filed
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by the claimant. The reference court enhanced the land value to
Rs.10,000/- per cent. Dissatisfied with the enhancement, claimant's
husband, Sri.Ulahannan Varghese filed LAA No.186 of 2007 before
this Court wherein vide judgment dated 27.09.2011, this Court
remanded the matter back for fresh disposal after giving an
opportunity for the parties concerned to adduce further evidence.
Subsequent to such remand, Annexure A2 revised judgment was
rendered and the compensation was enhanced to Rs. 16,000/- from
the original Rs.10,000/- per cent. In addition thereto an amount of
Rs.5,000/- was also allotted towards injurious affection. The
claimant who had not filed an LAA at the said point of time, later filed
this appeal along with a delay condonation petition, which was
allowed on terms. Claimant being the joint owner of the property
acquired, seeks in this appeal enhancement in line with that granted
to her husband who was also a joint owner.
3. Heard Sri.Mathew Philip, Advocate for the appellant/
claimant and Smt.Rekha C.Nair, learned Senior Government
Pleader for the respondent/State.
4. The learned counsel for the appellant/claimant submitted
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that the claimant had been given half of the compensation amount
awarded by the LAO. The LAO had granted a centage value of
Rs.6,500/-. This value had been enhanced to Rs.10,000/- per cent
by the reference court in the first round. In the remand proceedings
following the appeal preferred by her husband who is a joint owner,
the centage value had been enhanced by the reference court to
Rs.16,000/- per cent. Since the reference court had thus
reconsidered the matter and awarded a compensation of
Rs.16,000/- per cent to the property involved in LAR No.132 of
2003, the claimant who preferred LAR No.131 of 2003 is also
entitled to the same centage value for her share of the joint property.
The property in LAR No.132 of 2003 is 8.25 Ares of land jointly
owned by the claimant and her husband. In the revised judgment,
the centage value was enhanced from Rs 10,000/- to Rs 16,000/-.
Thus the enhanced value per Are is Rs.14,820/-. The total enhanced
compensation payable for 8.25 Ares is thus Rs.1,22,265/-. Half of
the said amount i.e. Rs.61,132.50 had been to the claimant's
husband being the joint owner. The claimant is entitled to the other
half. Further, the reference court had after remand also awarded an
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amount of Rs.5,000/- towards compensation for injurious affection
since it was found that there was no road access towards the
northern side wherein a gate had been fixed. The approach road
had been constructed at a higher level. The claimant is hence
entitled to the said compensation due towards injurious affection
also.
5. The learned Senior Government Pleader vehemently
submitted that the appeal is only an afterthought and lacks bonafide.
It is submitted that the appeal is only to be dismissed.
6. I have heard both sides in detail. I note that this Court
had vide judgment dated 27.09.2011 in LAA No.186 of 2007
remanded LAR No.132 of 2003 for fresh disposal and that
subsequent to such remand, Annexure A2 revised judgment had
been rendered by the reference court whereby the compensation
granted to the owner of the joint property, who is none other than
claimant's husband, was enhanced to Rs.16,000/- from the original
Rs.10,000/- per cent. An amount of Rs.5,000/- is also seen awarded
towards injurious affection. I find merit in the contention put forth by
the learned counsel for the claimant that being the joint owner of the
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property, the claimant is also entitled to the benefits of the
enhancement as had been made in LAR No.132 of 2023 after the
remand.
7. In view of the above, this appeal is allowed. Claimant shall
be entitled to an enhancement of compensation to Rs.16,000/- per
cent for the share of her holding. She shall also be entitled to an
amount of Rs.5,000/- as compensation towards injurious affection.
The claimant shall also be entitled to due interest and other
consequential benefits. The decree and judgment in LAR No.131 of
2003, dated 16.06.2005 of the Principal Sub Court, Kottayam, shall
stand modified to the above extent.
LAA is allowed.
Sd/-
SYAM KUMAR V.M.
JUDGE
csl
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APPELLANT'S ANNEXURES
Annexure A1 TRUE COPY OF THE DECREE IN LAR 132/03 IN
FAVOUR OF ULAHANNAN VARGHESE HUSBAND OF THE
APPELLANT, ALSO JOINT OWNER OF THE PROPERTY
ACQUIRED
Annexure A2 TRUE COPY OF THE JUDGMENT IN LAR 132/03
DATED 12.03.2012 IN FAVOUR OF ULAHANNAN
VARGHESE
