Kerala High Court
P.G. Alizubhama vs State Of Kerala on 21 May, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:35091
-1-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 372 OF 2014
AGAINST THE COMMON JUDGMENT DATED 31.10.2011 IN LAR NO.36 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDAR (LA GENERAL),
PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
E.T. MATHAI, AGED 70 YEARTS,
S/O. THOMAS, ERAPPUNKAL,
CHITOOR MURI, PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA - 689 645.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, PATHANAMTHITTA-689 645.
BY ADV.T.K. SHAJAHAN, SR. GOVERNMENT PLEADER
2025:KER:35091
-2-
LA.App. Nos.372/2014 & Con.cases.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH LA.App..27/2015, 45/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-3-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 27 OF 2015
AGAINST THE COMMON JUDGMENT DATED 15.11.2011 IN LAR NO.19 OF
2008 OF SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANT/CLAIMANT:
P.G. ALIZUBHAMA, SOBHIA SADANAM,
NANNUVAKADU, PATANAMTHITTA.
BY ADVS.
VIVEK MENON
SAYUJYA(K/687-E/2014)
RANCE R.(K/1560/2021)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
THE DISTRICT COLLECTOR, PATHANAMTHITTA.
2 PATHANAMTHITTA MUNCIPALITY
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
SRI.V.K. SUNIL, SC
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
2025:KER:35091
-4-
LA.App. Nos.372/2014 & Con.cases.
21.05.2025, ALONG WITH LA.App.No.372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-5-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 45 OF 2015
AGAINST THE COMMON JUDGMENT DATED 15.11.2011 IN LAR NO.41 OF
2008 OF SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 T.G.VARGHESE, AGED 64 YEARS, S/O.GEEVARGHESE,
THAZHETHEKKETHIL, CHITTOOR MURI, PATHANAMTHITTA.
2 JOSHY VARGHESE
THAZHETHEKKETHIL, CHITTOOR MURI, PATHANAMTHITTA,
REPRESENTED THROUGH HIS DULY EXECUTED POWER OF ATTORNEY
HOLDER AND FATHER, T.G.VARGHESE, THE 1ST APPELLANT
3 JOBY VARGHESE
THAZHETHEKKETHIL, CHITTOOR MURI, PATHANAMTHITTA,
REPRESENTED THROUGH HIS DULY EXECUTED POWER OF ATTORNEY
HOLDER AND FATHER, T.G.VARGHESE, THE 1ST APPELLANT.
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SAYUJYA(K/687-E/2014)
RANCE R.(K/1560/2021)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
PATHANAMTHITTA - 689 645.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY - 689 645.
BY ADVS.
SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
SRI.V.K.SUNIL, SC R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-7-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 139 OF 2015
AGAINST THE COMMON JUDGMENT DATED 15.10.2011 IN LAR NO.43 OF
2008 OF SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANT/CLAIMANT:
*1 RADHAKRISNAN NAIR (DIED
DEVAKI MANDIRAM, VETTIPURAM MURI, PATHANAMTHITTA.
(LRS IMPLEADED)
SUPPL. RETNAMMA B, W/O. LATE RADHAKRISHNAN NAIR, DEVAKI
APPELLANT MANDIRAM, VETTIPURAM, PATHANAMTHITTA PIN-689 645
2
SUPPL. RADHIKA S KUMAR, D/O. LATE RADHAKRISHNAN NAIR,
APPELLANT DEVAKI MANDIRAM, VETTIPURAM, PATHANAMTHITTA, PIN-689645
3
SUPPL. RAKHI R. NAIR, D/O. LATE RADHAKRISHNAN NAIR, DEVAKI
APPELLANT MANDIRAM, VETTIPURAM, PATHANAMTHITTA, PIN -689 645
4
SUPPL. RENJI R. NAIR, D/O. LATE RADHAKRISHNAN NAIR, DEVAKI
APPELLANT MANDIRAM, VETTIPURAM, PATHANAMTHITTA, PIN- 689 645
5 (ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED SOLE
APPELLANT VIDE ORDER DATED 21.05.2025 IN IA NO.1/2024)
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SMT.K.AMMINIKUTTY
SAYUJYA
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
RANCE R.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA-689645.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY-689645.
BY ADVS.
SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-9-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 36 OF 2014
AGAINST THE COMMON JUDGMENT DATED 31.10.2011 IN LAR NO.32 OF
2008 OF SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 EASOW, PUTHEN VEETIL, PILICKAL,
VATTIPURAM, PATHANAMTHITTA.
2 MOLLY KUTTY EASOW,
PUTHEN VEETIL, PILICKAL,
VATTIPURAM, PATHANAMTHITTA.
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SMT.K.AMMINIKUTTY
SAYUJYA(K/687-E/2014)
RANCE R.(K/1560/2021)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY.
2025:KER:35091
-10-
LA.App. Nos.372/2014 & Con.cases.
BY ADVS.
SRI. T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-11-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 280 OF 2014
AGAINST THE JUDGMENT DATED 21.12.2013 IN LAR NO.73 OF 2008
ON THE FILE OF THE COURT OF SUBORDINATE JUDGE, PATHANAMTHITTA
APPELLANT/CLAIMANT:
LATHEEF, AGED 52 YEARS,
S/O.MUHAMMED, VALIYAPARAMBIL HOUSE,
VETTIPURAM MURI, PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SAYUJYA(K/687-E/2014)
RANCE R.(K/1560/2021)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
CIVIL STATION, PATHANAMTHITTA - 689001.
2 PATHANAMTHITTA MUNICIPALITY,
REPRESENTED BY THE SECRETARY,
MUNICIPAL OFFICE,
PATHANAMTHITTA-689645.
2025:KER:35091
-12-
LA.App. Nos.372/2014 & Con.cases.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-13-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 163 OF 2016
AGAINST THE COMMON JUDGMENT DATED 31.10.2011 IN LAR NO.34 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANT/CLAIMANT:
1 O.V.CHERIAN (DIED), OTTUKALLIL HOUSE, VETTIPURAM
MURI, PATHANAMTHITTA.
(SUPPLEMENTAL APPELLANTS IMPLEADED)
SUPPLEMENTAL ELSY CHERIAN, W/O. LATE O.V. CHERIAN, AGED 67 YEARS
APPELLANT OTTUKALLIL HOUSE, VETTIPURAM WEST, PATHANAMTHITTA PO,
2 PIN- 689645
SUPPLEMENTAL DR. ABHILASH V. CHERIAN, S/O. LATE O.V. CHERIAN,
APPELLANT AGED 37 YEARS OTTUKALLIL HOUSE, VETTIPURAM WEST,
3 PATHANAMTHITTA P.O, PIN: 689 645
SUPPLEMENTAL AVINASH V. CHERIAN, S/O. LATE O.V. CHERIAN, AGED 36
APPELLANT YEARS, OTTUKALLIL HOUSE, VETTIPURAM WEST,
4 PATHANAMTHITTA P.O, PIN 689 645
(THE APPLICANTS 2 TO 4 IN IA 1/24 ARE IMPLEADED AS
SUPPLEMENTAL APPELLANTS IN THE ABOVE APPEAL AS PER
ORDER DATED 21.05.2025 IN IA 1/2024)
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SMT.K.AMMINIKUTTY
SAYUJYA
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
RANCE R.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-15-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 373 OF 2014
AGAINST THE COMMON JUDGMENT DATED 31.10.2011 IN LAR NO.66 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDHAR (LA GENERAL),
PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 VARGHESE MATHAI, AGED 70 YEARS, S/O. MATHAI,
NARAKATHINAL KUZHIYIL, VETTIPURAM MURI, PATHANAMTHITTA
VILLAGE, KOZHENCHERY TALUK.
2 MARY VARGHESE, AGED 65 YEARS, W/O. VARGHESE,
NARAKATHINAL KUZHIYIL, VETTIPURAM MURI, PATHANAMTHITTA
VILLAGE, KOZHENCHERY TALUK.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
SRI.P.A.ISMAIL
SRI.M.D.SASIKUMARAN
SRI.SUNIL KUMAR A.G
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
THE DISTRICT COLLECTOR, PATHANAMTHITTA - 689 645.
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PATHANAMTHITTA - 689 645.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-17-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 443 OF 2014
AGAINST THE COMMON JUDGMENT DATED 23.07.2011 IN LAR NO.39 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDAR (LA GENERAL).
PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 P.G.VARGHESE, AGED 67 YEARS, S/O GEORGE, POIKAYIL,
CHITTOOR MURI, PATHANAMTHITTA DISTRICT
2 ANNAMMA VARGHESE, AGED 65 YEARS
W/O VARGHESE, POIKAYIL, CHITTOOR MURI, PATHANAMTHITTA
DISTRICT
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
THE DISTRICT COLLECTOR, PATHANAMTHITTA 689645
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
2025:KER:35091
-18-
LA.App. Nos.372/2014 & Con.cases.
PATHANAMTHITTA 689645
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-19-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 444 OF 2014
AGAINST THE COMMON JUDGMENT DATED 31.10.2011 IN LAR NO.67 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDAR (LA GENERAL)
PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
ST.GEORGE ORTHODOX CHURCH
VETTIPPURAM, PATHANAMTHITTA DISTRICT REPRESENTED IN THE
PROCEEDINGS BY ITS THEN SECRETARY ACHENKUNJU AND IN
THIS PROCEEDINGS BY P.G.SAMUEL,ST.GEORGE ORTHODOX
CHURCH, VETTIPPURAM.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA - 689 645.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
2025:KER:35091
-20-
LA.App. Nos.372/2014 & Con.cases.
PATHANAMTHITTA - 689 645.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-21-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 451 OF 2014
AGAINST THE COMMON JUDGMENT DATED 31.10.2011 IN LAR NO.30 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDHAR (LA GENERAL),
PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 MATHAI SAMUEL, AGED 68 YEARS
S/O.MATHAI, OTTUKALLIL HOUSE, NIRAPUPARA PURAYIDATHIL,
PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK.
2 KUNJAMMA SAMUEL, AGED 65 YEARS
W/O.SAMUEL, OTTUKALLIL HOUSE, NIRAPUPARA PURAYIDATHIL,
PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.DIPU JAMES
SRI.GEORGE MATHEW
SRI.P.A.ISMAIL
SRI.M.D.SASIKUMARAN
SRI.SUNIL KUMAR A.G
RESPONDENTS/RESPONDENTS:
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA - 689 645.
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PATHANAMTHITTA - 689 645.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-23-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 466 OF 2014
AGAINST THE COMMON JUDGMENT DATED 23.07.2011 IN LAR NO.68 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDHAR (LA GENERAL),
PATHANAMTHITTA
APPELLANT/CLAIMANT:
ANNIE THOMAS PHILIP, AGED 60 YEARS
W/O.THOMAS PHILIP.,ENNASSERIL HOUSE,CHITTOOR
MURI,PATHANAMTHITTA DISTRICT
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA 689 645
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PATHANAMTHITTA 689 645
2025:KER:35091
-24-
LA.App. Nos.372/2014 & Con.cases.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K. SUNIL, SC
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-25-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 566 OF 2014
AGAINST THE COMMON JUDGMENT DATED 31.01.2011 IN LAR NO.21 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA FROM AWARD
NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDHAR (LA GENERAL)
PATHANAMTHITTA
APPELLANT/CLAIMANT:
BENCHY SAMUEL, AGED 45 YEARS
S/O SAMUEL, THEVARTHOTTATHIL, THEKKEKARA MURI,
VADASSERIKARA VILLAGE, PATHANAMTHITTA DISTRICT
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA 689645
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PATHANAMTHITTA 689645
2025:KER:35091
-26-
LA.App. Nos.372/2014 & Con.cases.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL, SC
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-27-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 905 OF 2014
AGAINST THE COMMON JUDGMENT DATED 28.11.2011 IN LAR NO.17 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANT/CLAIMANT:
REV.FR.ABRAHAM VAVOLIMAPURATH
VICAR, ST.PETER'S MALANKARA CATHOLIC CHURCH,
PATHANAMTHITA FOR MORAN MOR BASELIOS, CLEEMIS,
CATHOLICOS OF MAJOR ARCHDIOCESE OF TRIVANDRUM.
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SAYUJYA(K/687-E/2014)
RANCE R.(K/1560/2021)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA- 689 645
2 PATHANAMTHITTA MUNICIPALITY
REPRESENTED BY ITS SECRETARY. - 689 645
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
2025:KER:35091
-28-
LA.App. Nos.372/2014 & Con.cases.
SRI.V.K.SUNIL, SC R2
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 906 OF 2014
AGAINST THE COMMON JUDGMENT DATED 28.11.2011 IN LAR NO.37 OF
2008 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
APPELLANTS/CLAIMANTS:
1 JOHN THOMAS, KAKANNATTU BETHELIL, KUMBAZHA VADAKKU,
KUMBAZHA, PATHANAMTHITTA
2 LEJOY THOMAS, KAKANNATTU BETHELIL, KUMBAZHA VADAKKU,
KUMBAZHA, PATHANAMTHITTA
3 JOEL THOMAS, KAKANNATTU BETHELIL, KUMBAZHA VADAKKU,
KUMBAZHA, PATHANAMTHITTA
BY ADVS.
SRI.N.RAGHURAJ
VIVEK MENON
SAYUJYA(K/687-E/2014)
RANCE R.(K/1560/2021)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REP BY THE DISTRICT COLLECTOR, PATHANAMTHITTA
2 PATHANAMTHITTA MUNICIPALITY
REP BY ITS SECRETARY
2025:KER:35091
-30-
LA.App. Nos.372/2014 & Con.cases.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K. SUNIL, SC
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-31-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 540 OF 2022
AGAINST THE COMMON JUDGMENT DATED 25.10.2011 IN LAR NO.28 OF
2008 ON THE FILES OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
FROM LAC.NO.2/07-08 DATED 25.02.2008 OF SPECIAL TAHSILDHAR (LA
GENERAL), PATHANAMTHITTA
APPELLANT/CLAIMANT:
LILLA MATHEW, AGED 56 YEARS
W/O P.K. MATHEW, MELEKOTTU HOUSE, NANNUVAKKADU,
PAHTANAMTHITTA
BY ADVS.
K.S.HARIHARAPUTHRAN
DIPU JAMES
GEORGE MATHEW
M.D.SASIKUMARAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA-689 645
2 PATHANAMTHITTA MUNICIPALITY
PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY-689 645
2025:KER:35091
-32-
LA.App. Nos.372/2014 & Con.cases.
BY ADVS.
SRI.T.K.SHAJAHAN, SR. GOVERNMENT PLEADER
SRI.V.K.SUNIL, SC -R2
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
-33-
LA.App. Nos.372/2014 & Con.cases.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
LA.APP. NO. 88 OF 2020
AGAINST THE COMMON JUDGMENT AND DECREE DATED 25.10.2011 IN
LAR NO.28 OF 2008 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA
APPELLANT/1ST RESPONDENT IN LAR:
STATE OF KERALA, REPRESENTED BY
THE DISTRICT COLLECTOR, PATHANAMTHITTA-PO
PIN 689 645
BY ADV T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
RESPONDENTS /CLAIMANT & 2ND RESPONDENT IN LAR:
1 LILLA MATHEW, W/O. P.K. MATHEW, MELEKOTTU HOUSE,
NANNUVAKKADU, PATHANAMHTHITTA PO, PIN-689645
2 PATHANAMTHITTA MUNICIPALITY,PIN -689 645
REPRESENTED BY ITS SECRETARY.
BY ADV V.K.SUNIL
SRI.V.K. SUNIL, SC R2
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, ALONG WITH LA.App..372/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:35091
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LA.App. Nos.372/2014 & Con.cases.
JUDGMENT
[LA.App. Nos.372/2014, 27/2015, 45/2015, 139/2015, 36/2014, 280/2014, 163/2016,
373/2014, 443/2014, 444/2014, 451/2014, 466/2014, 566/2014, 905/2014, 906/2014,
540/2022, 88/2020]
Dr.A.K.JAYASANKARAN NAMBIAR, J.
As all these Land Acquisition Appeals impugn the
judgments in various Land Acquisition References pertaining to the
same acquisition namely "Acquisition of Land for Development of B1-
D1 Ring Road, Pathanamthitta", and are covered by the same
notification dated 02.05.2005 issued in terms of Section 4(1) of the
Land Acquisition Act, 1894, they are taken up together for
consideration and disposed by this common judgment.
Brief facts:
2. The brief facts necessary for disposal of
these Land Acquisition Appeals are as follows:
The batch of appeals before us comprise of 16 appeals
preferred by the parties and one appeal preferred by the State.
The details of the appeals are as given below:
Category I
Sl. LAA No. LAR No. Owner Extent Sy. 4(1) Award by Award by
No. Name (Ares) No. Notification LAO Reference
(Per Are) Court
(Per Are)
P.G.Varughese &
1 443/2014 39/2008 Annamma 0.31 36/2-6 02.05.2005 Rs.49,505/- Rs.2,50,000/-
Varughese
2 466/2014 68/2008 Annie Thomas 0.90 36/3-15 02.05.2005 Rs.49,505/- Rs.2,50,000/-
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LA.App. Nos.372/2014 & Con.cases.
Philip
Category II
Sl. LAA No. LAR No. Owner Extent Sy. 4(1) Award by Award by
No. Name (Ares) No. Notification LAO Reference
(Per Are) Court (Per
Are)
1 372/2014 36/2008 E.T.Mathai 0.50 34/7-2 02.05.2005 Rs.43,564/- Rs.3,75,000/-
Easow, Molikutty 0.75
2 36/2014 32/2008 Easow 38/2-2 02.05.2005 Rs.43,564/- Rs.3,00,000/-
3 280/2014 73/2008 Latheef 1.62 36/3-2 21.03.2006 Rs.43,564/- Rs.4,00,000/-
4 444/2014 67/2008 Trustee, 0.30
St.George 34/8-6 02.05.2005 Rs.43,564/- Rs.3,75,000/-
Orthodox Church
5 566/2014 21/2008 Benchi Samuel 0.95 36/4-10 21.03.2006 Rs.43,564/- Rs.4,69,300/-
Baselios Mar
Cleemis
6 905/2014 17/2008 Catholica Bava, 2.70 34/1-2 02.05.2005 Rs.43,564/- Rs.5,00,000/-
Represented by
Fr.Vavoli
Mepurathu
7 906/2014 37/2008 John Thomas
Kakkanattu and 4.25 365/5-1 02.05.2005 Rs.43,564/- Rs.5,00,000/-
others
8 163/2016 34/2008 O.V.Cherian 1.60 38/3-6 02.05.2005 Rs.43,564/- Rs.3,00,000/-
Varughese
9 373/2014 66/2008 Mathai and Mary 0.52 36/2-2 02.05.2005 Rs.38,039/- Rs.2,00,000/-
Varughese
Category III
Sl. LAA No. LAR No. Owner Extent Sy. 4(1) Award by Award by
No. Name (Ares) No. Notification LAO Reference
(Per Are) Court (Per
Are)
1 88/2020 28/2008 Lilla Mathew 1.38 35/2-15 02.05.2005 Rs.24,338/- Rs.2,00,000/-
State
Appeal
2 540/2022 28/2008 Lilla Mathew 1.38 35/2-15 02.05.2005 Rs.24,338/- Rs.2,00,000/-
Mathai Samuel,
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LA.App. Nos.372/2014 & Con.cases.
3 451/2014 30/2008 Kunjamma 0.30 38/2-6 02.05.2005 Rs.28,654/- Rs.2,00,000/-
Samuel
4 27/2015 19/2008 Eleshubhama 0.48 35/2-7 02.05.2005 Rs.24,338/- Rs.2,00,000/-
T.G.Varghese,
5 45/2015 41/2008 Joshy Varghese, 4.50 35/3-3 02.05.2005 Rs.24,338/- Rs.2,00,000/-
Joby Varghese
6 139/2015 43/2008 Radhakrishnan 1.44 36/6-2 02.05.2005 Rs.24,338/- Rs.1,50,000/-
Nair 0.75 38/2-10
Discussion & findings:
3. For the sake of convenience, we have chosen to
deal with these appeals under two categories; namely (1) those
pertaining to dry lands that were acquired in terms of the
notification and (2) those pertaining to wetlands that were acquired
pursuant to the notification.
Re: Dry Lands:
4. At the very outset, we may point out that the
Land Acquisition Officer (LAO) as well as the Reference Court had
arrived at the market value of the land by further categorizing the
dry lands into two sub-categories based on the distance of the
acquired lands from the Thiruvalla - Kumbazha main road.
Similarly, a separate categorization was effected in respect of the
wetlands that were acquired in terms of the notification as already
noticed. The categorization of the dry lands that were acquired into
two further sub-categories by adopting the belting system is one
that cannot be legally countenanced in the light of the judgment of
the Supreme Court in Besco Limited v. State of Haryana [2023
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LA.App. Nos.372/2014 & Con.cases.
SCC Online SC 1071] as also our own judgment reported in State of
Kerala v. Sarasamma & Others [2025 (2) KHC Short Note 10]. In
the last mentioned judgment, while dealing with the belting system,
we had found that the categorization or belting system is normally
adopted by the State for the purpose of determination of
compensation payable under the provisions of the Land Acquisition
Act so as to bring about a classification between the different
parcels of land acquired while estimating the market value of those
lands for the purposes of determining the compensation payable to
the deprived land owners. The Supreme Court in BesCo Limited
(supra) had frowned upon the adoption of the belting system when
large tracts of land are acquired for a common purpose. Since in
the instance case, the various parcels of dry land were acquired for
the common purpose of developing the B1-D1 Ring Road in
Pathanamthitta District, we are of the view that there can be no
justification for the State adopting a belting system and sub-
categorizing the dry lands acquired for the purpose. This is more so,
when we find that the lands acquired were in close proximity to each
other and not very far from the Thiruvalla - Kumbazha main road.
5. Once we dispense with the sub-categorization as
evidenced by the belting system, the logical consequence would be
that a common value would have to be adopted as the market value
for all the dry lands that were acquired in connection with the
acquisition proceedings. In this connection, we note that while the
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LA.App. Nos.372/2014 & Con.cases.
Land Acquisition Officer had arrived at a figure of Rs.43,564/- per
Are as the market value of the acquired dry lands, by relying on a
Sale Exemplar (Document No.2654/2003 of the Pathanamthitta Sub
Registry). In the reference carried by the land owners before the
Reference Court, the Reference Court had placed reliance on the
certified copies of the judgments dated 30.06.2010 and 31.03.2011
respectively, of the Reference Court in LAR No.27 of 2008 of Sub
Court, Pathanamthitta and LAR No.63 of 2008 of Sub Court,
Pathanamthitta, where the Court had arrived at a figure of
Rs.6,81,833/- per Are in respect of lands that were acquired in the
vicinity of the present acquisition for a similar purpose, albeit under
a different notification issued under Section 4 (1) of the Land
Acquisition Act. The Reference Court in the instant cases, however,
did not straight away apply the market value determined by the
Reference Court in the earlier proceeding referred above, but chose
to compare the said price with the market value of the land
evidenced by another Sale Exemplar (Document No.3212 of 2010 of
SRO, Pathanamthitta dated 23.12.2010), where 19 square meters of
dry land had been sold for Rs.23,000/- in the year 2010. The market
value computed for the land in the said document worked out to
Rs.1,21,052.63/- per Are. Taking into consideration both the figures
above, the Reference Court in the instant appeals arrived at a figure
of Rs.3,75,000/- per Are and fixed the same as the market value
applicable to dry lands covered by the present acquisition. While
there is nothing in the impugned judgment of the Reference Court
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LA.App. Nos.372/2014 & Con.cases.
that indicates the rationale adopted by the Reference Court to arrive
at the said figure representing the market value of the dry lands
acquired from the appellants herein, we feel that it was nothing more
than a calculated guess work resorted to by the Reference Court.
6. The learned Senior Counsel Sri.N.Reghuraj,
assisted by Sri.Vivek Menon, on behalf of the appellants in LAA
Nos.36, 280, 905 & 906 of 2014, 15, 27 & 139 of 2015 and 163 of
2016 and Sri.George Mathew, the learned counsel for the appellants
in LAA Nos.372, 373, 443, 444, 451, 466 & 566 of 2014, and 544 of
2022 would point out that LAR No.35 of 2008 was decided along with
LAR No.34 of 2008 and LAR No.32 of 2008 by a common judgment
where the market value of the dry lands acquired was fixed at
Rs.3,75,000/- per Are by the Reference Court. The land owners
covered by LAR No.35 of 2008, however, approached this Court
through LAA No.164 of 2015 impugning the said common order of
the Reference Court. On that occasion, this Court by its judgment in
the said LAA noted that prior to the hearing and the passing of the
order in the said LAR, the 2 nd claimant therein had died and thus the
said claimant was not effectively heard at the time of disposal of the
said LAR. This Court, therefore, remanded the matter back to the
Reference Court with a permission to reopen the reference so as to
implead the legal heirs of the 2nd claimant in that LAR and to dispose
the LAR afresh. It would appear that the Reference Court,
thereafter, impleaded the additional 3rd and 4th claimants in the said
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LA.App. Nos.372/2014 & Con.cases.
LAR and heard the matter and considered the evidence that was
brought on record. The Reference Court then proceeded to pass the
judgment dated 27.08.2021 in LAR No.35 of 2008 wherein it fixed the
market value of the dry lands acquired from the land owners at
Rs.6,81,833/- per Are by adopting the value shown in Annexures A1
and A2 judgments referred above. We are also informed that while
there was no appeal preferred by the State against the said judgment
of the Sub Court, Pathanamthitta in LAR No.35 of 2008. That apart, a
subsequent State Appeal against a Reference Court's judgment that
adopted the market value mentioned in Annexures A1 and A2
judgments in respect of lands in the vicinity that were acquired under
a prior notification under Section 4(1), was dismissed by this Court
by its judgment dated 17.12.2018 in LAA No.766 of 2013. The
upshot of the above, therefore, is that the market value of the dry
lands acquired pursuant to the notification under Section 4(1) in the
instant appeals can be taken as Rs.6,81,833/- per Are, since that is
the value that has been finally accepted as market value for similar
lands acquired under the same notification and in the vicinity of the
lands covered by these appeals. We therefore, fix the market value
of the dry lands acquired under the notification dated 02.05.2005 and
covered by LAA Nos.36, 280, 372, 443, 444, 466, 566, 905, 906 of
2014 & 163 of 2015 at Rs.6,81,833/- per Are. The appellants in these
appeals are also entitled to all the statutory benefits including
proportionate costs that flow from the fixation of the said market
value. However, we make it clear that the State shall not be liable to
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LA.App. Nos.372/2014 & Con.cases.
pay interest due to the appellants for the periods covered by interim
orders of this Court, which have made it clear that for the period of
delay occasioned by the appellants in filing the appeals before this
Court, the State will not be liable to pay the interest.
Re: Wet Lands:
7. As far as LAA Nos.451 of 2014, 27, 139 & 45 of
2015, 88 of 2020 and 540 of 2022 pertaining to the wetlands that
were acquired under the same notification are concerned, we find that
the Land Acquisition Officer himself had effected a proportionate
reduction from the market value arrived at in respect of dry lands that
were acquired under the notification, and adopted the reduced value
towards market value of the wetlands that were acquired pursuant to
the said notification. While for the dry lands that were acquired
under the notification, the Land Acquisition Officer had fixed an
amount of Rs.49,505/- per Are as the market value, in respect of the
wetlands, he had arrived at a figure of Rs.24,338/- per Are towards
market value. Taking cue from the said fixation of market value by
the Land Acquisition Officer, we are of the view that the ratio of the
market value of the wetlands : market value of the dry lands; if
applied to the market value of the dry lands arrived at by us in this
judgment, we would have the benefit of a new figure representing the
proportionate market value for the wetlands that were acquired under
the notification in question. The computation accordingly would be as
follows:
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LA.App. Nos.372/2014 & Con.cases.
(24,338/49,505) x 6,81,833/- = 3,35,207.5
(rounded to 3,35,210/- per Are)
8. Thus the said amount of Rs.3,35,210/- per Are, in
our opinion, can be safely adopted and fixed as the market value of
the wetlands acquired in terms of the notification aforementioned.
Accordingly, we fix the market value of wetlands, covered by LAA
Nos.451 of 2014, 27, 139 & 45 of 2015, 88 of 2020 and 540 of 2022 as
Rs.3,35,210/- per Are. The appellants in LAA Nos.540 of 2022, 451 of
2014, 27 of 2015, 45 of 2015 and 138 of 2015 are entitled to a fixation
of market value in respect of their lands at the rate of Rs.3,35,210/-.
They will also be entitled to all the statutory benefits including
proportionate costs flowing from the said enhanced fixation of market
value. We make it clear that the State shall not be liable to pay the
interest due to the appellants for the periods covered by interim
orders of this Court, which have made it clear that for the said period
of delay occasioned by the appellants in filing the appeals before this
Court, the State will not be liable to pay the interest.
Conclusion:
9. The appeals are thus disposed by allowing all the
appeals preferred by the parties and dismissing the State Appeal, i.e.,
LAA No.88 of 2020.
10. Before parting with these appeals, we must point
out that in respect of appeal No.540 of 2022, the appellant had
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LA.App. Nos.372/2014 & Con.cases.
preferred the appeal as an indigent person without payment of the
Court fee that is otherwise payable for maintaining the appeal. Since
we have found the appellant to be entitled to an enhanced amount by
way of compensation, he will be liable to remit the Court fee in
respect of the appeal preferred by him. Accordingly, we direct that
the Court fee as applicable shall be recovered from the amount of
compensation deposited before the Reference Court. On the State
depositing the amount before the Reference Court, the Court shall
deduct the requisite Court Fee before releasing the balance amount to
the appellant.
The appellants, who have not paid the balance Court fee,
shall remit the same, within a period of one month from the date of
receipt of a certified copy of this judgment. The decree in favour of
such appellants shall be drawn up only after receiving the balance
Court fee from them.
sd/-
Dr.A.K.JAYASANKARAN NAMBIAR
JUDGE
sd/-
P.M. MANOJ
JUDGE
das
