Kerala High Court
K.P.Kalliyani vs The District Collector, Kozhikode on 28 May, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 378 OF 2015
AGAINST THE JUDGMENT AND DECREE IN LAR NO.203 OF
2013 OF PRINCIPAL SUB COURT, KOZHIKODE, DATED 18.02.2015
APPELLANTS/CLAIMANTS:
1 K.T.SHUBHA KUMAR
28/146,KARIAL HOUSE,NEAR DESHAPOSHINI READING
ROOM, KUTHIRAVATTOM.P.O,KOZHIKODE-673016.
2 K.T.MOHANDAS
20/1521-A,CHAITHANYA MALIKAYIL,NEAR BHAGAVATHI
TEMPLE,KALLAI.P.O,KOZHIKODE-673003.
3 K.T.RAJAGOPALAN
28/144,SRAAVANAM,KUTHIRAVATTOM.P.O,KOZHIKODE-
673016.
4 PUSHPA SUDHEENDRAN
JYOTHIR BHAVAN,POOVATHUMKADAVU,SREE NARAYANA
PURAM, PANANGAD.P.O,KODUNGALLUR,THRISSUR
DISTRICT.
BY ADVS. SRI.S.SREEKUMAR (SR.)
SRI.AJAY BEN JOSE
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
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LAA Nos. 378 of 2015 and con.cases
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KOZHIKODE-673001.
2 THE SPECIAL TAHSILDAR (LA)
KOZHIKODE CITY, ROAD IMPROVEMENT PROJECT,
KOZHIKODE-673020.
3 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD,
KOWDIAR,THIRUVANANTHAPURAM-6795001.
4 THE CO-ORDINATOR
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE-673020.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2
SRI.ZAKIR HUSSAIN (SC) FOR R3 & R4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App.71/2019, 72/2019
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 71 OF 2019
AGAINST THE JUDGMENT DATED 06.10.2015 IN LAR NO.288
OF 2014 OF PRINCIPAL SUB COURT, KOZHIKODE
APPELLANT/CLAIMANT:
K.P.JAYASREE, AGED 61 YEARS
W/O.C.V.BALAN, RESIDING AT ARADHANA, NARAYANAN
NAIR ROAD, EAST HILL, KACHERI VILLAGE,
KOZHIKODE.
BY ADVS. JESWIN P.VARGHESE
SMT.V.H.JASMINE
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KOZHIKODE, PIN-673 020.
2 THE SPECIAL TAHSILDAR (LAND ACQUISITION),
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE, PIN-673020.
3 THE CHIEF EXECUTIVE OFFICER,
KERALA ROAD FUND BOARD, KOWDIAR (P.O.),
THIRUVANANTHAPURAM, PIN-695005.
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LAA Nos. 378 of 2015 and con.cases
4 THE CO-ORDINATOR,
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE, PIN-673020.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2
SRI.V. RAJASEKHARAN NAIR, SC FOR R3 & R4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App.378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 72 OF 2019
AGAINST THE JUDGMENT DATED 06.10.2015 IN LAR NO.257
OF 2013 OF PRINCIPAL SUB COURT, KOZHIKODE
APPELLANT/CLAIMANT:
C.V.BALAN, AGED 70 YEARS
S/O.(LATE) KANARAN, RESIDING AT ARADHANA,
NARAYANAN NAIR ROAD, EAST HILL,
KACHERI VILLAGE, KOZHIKODE.
BY ADVS. JESWIN P.VARGHESE
SMT.V.H.JASMINE
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KOZHIKODE, PIN-673020.
2 THE SPECIAL TAHSILDAR (LAND ACQUISITION)
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE, PIN-673020.
3 THE CHIEF EXECUTIVE OFFICER,
KERALA ROAD FUND BOARD, KOWDIAR (P.O.),
THIRUVANANTHAPURAM, PIN-695005.
4 THE CO-ORDINATOR,
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
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LAA Nos. 378 of 2015 and con.cases
CIVIL STATION, KOZHIKODE, PIN-673020.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2
SRI.V. RAJASEKHARAN NAIR, SC FOR R3 & R4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 91 OF 2019
AGAINST THE JUDGMENT DATED 06.10.2015 IN LAR NO.258
OF 2013 OF PRINCIPAL SUB COURT, KOZHIKODE
APPELLANT/CLAIMANT:
C.V.BALAN, AGED 70 YEARS
S/O.(LATE) KANARAN, RESIDING AT 'ARADHANA',
NARAYANAN NAIR ROAD, EAST HILL, KACHERI VILLAGE,
KOZHIKODE.
BY ADVS. JESWIN P.VARGHESE
SMT.V.H.JASMINE
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KOZHIKODE.PIN-673020
2 THE SPECIAL TAHSILDAR
(LAND ACQUISITION), KOZHIKODE CITY ROAD,
IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKOE,
PIN-673020
3 THE CHIEF EXECUTIVE OFFICER,
KERALA ROAD, FUND BOARD, KOWDIAR(P.O),
THIRUVANANTHAPURAM. PIN-695005
4 THE CO-ORDINATOR
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LAA Nos. 378 of 2015 and con.cases
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE PIN-673020
BY ADV SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD
FUND BOARD (R3 & R4)
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 23 OF 2019
AGAINST THE JUDGMENT DATED 06.10.2015 IN LAR NO.167
OF 2013 OF PRINCIPAL SUB COURT, KOZHIKODE
APPELLANT/CLAIMANT:
C.V.BALAN, AGED 70 YEARS
S/O LATE KANARAN, RESIDING AT ARADHANA,
NARAYANAN NAIR ROAD, EAST HILL, KACHERI VILLAGE,
KOZHIKODE
BY ADVS.
JESWIN P.VARGHESE
SMT.V.H.JASMINE
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR(LAND ACQUISITION),
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE PIN 673 020
2 THE CHIEF EXECUTIVE OFFICER,
KERALA ROAD FUND BOARD, KOWDIAR (PO),
THIRUVANANTHAPURAM PIN 695 005.
3 THE CO-ORDINATOR,
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE, PIN 673 020.
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LAA Nos. 378 of 2015 and con.cases
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
SRI.V. RAJASEKHARAN NAIR, SC FOR R2 & R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 88 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED 20.08.2015 IN
LAR NO.178 OF 2013
APPELLANT/CLAIMANT:
*1 K.P.KALLIYANI, AGED 88 YEARS
W/O.KELAN, KOYAKKATTU PARAMBATH,
KARAPARAMBA .P.O, CALICUT - 673 010.
(DIED ADDL.A2 TO A5 IMPLEADED)
ADDL. CHANDRAN K., AGED 76 YEARS
APPELLAN S/O LATE K.P.KALLIYANI, 'CHANDRAGIRI',
T PONNAMPARAMBATH, KARAPARAMBA.P.O., KOZHIKODE-673
2 010
ADDL. SREENIVASAN K. AGED 72 YEARS
APPELLAN S/O LATE K.P.KALLIYANI, 'THEJUS',
T PONNAMPARAMBATH, KARAPARAMBA.P.O, KOZHIKODE-673
3 010
ADDL. GOPIDAS.P AGED 70 YEARS S/O LATE K.P.KALLIYANI,
APPELLAN 'SNIGDAS', KANAKKOVILTHAZHAM, KARAPARAMBA.P.O.,
T KOZHIKODE -673 010
4
ADDL. PUSHPA.C. AGED 68 YEARS D/O LATE K.P.KALLIYANI,
APPELLAN CHEROOT HOUSE, B.G.ROAD, NADAKKAVU P.O.,
T KOZHIKODE-673 011
5
(THE LEGAL HEIRS OF THE SOLE APPELLANT/CLAIMANT
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LAA Nos. 378 of 2015 and con.cases
ARE IMPLEADED AS ADDITIONAL APPELLANTS/CLAIMANTS
2 TO 5, VIDE ORDER DATED 15.12.2023 IN IA
NO.1/23)
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
SRI.T.M.KHALID
SMT. K.P.SUSMITHA
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOZHIKODE
2 THE SPECIAL TAHASILDAR LA
KOZHIKDE CITY ROAD IMPROVEMENT PROJECT,
KOZHIKODE - 673 010.
3 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWADIAR,
THIRUVANANTHAPURAM, PIN - 695 003.
4 THE CO-ORDINATOR
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION KOZHIKODE - 673 010.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2
ADV.SRI.ZAKIR HUSSAIN, SC FOR R3 & R4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 148 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED 20.08.2015 IN
LAR NO.148 OF 2013
APPELLANT/CLAIMANT:
*1 V.HARIDASAN NAIR, AGED 86 YEARS, S/O RAMAN
NAIR, VALAPPIL HOUSE, KARAPARAMBA, CALICUT-
673010.
(DIED, ADDL.A2 TO A8 IMPLEADED)
ADDL. P.K.KAMALAM, AGED 81 YEARS
APPELLANT W/O LATE V.HARIDASAN NAIR, VALAPPIL HOUSE,
2 2/748, CANAL ROAD, KARAPARAMBA.P.O, KOZHIKODE -
673010
ADDL. V.VASANTHA KUMARI, AGED 63 YEARS,
APPELLANT D/O LATE V. HARIDASN NAIR, AMBADI, KRISHANAN
3 NAIR ROAD, KARUVISSERY. P.O, KOZHIKODE -673010
ADDL. V.VALSALA KUMARI, AGED 61 YEARS
APPELLANT D/O LATE V. HARIDASAN NAIR, AKSHARA, KRISHANAN
4 NAIR ROAD, KARUVISSERY. P.O, KOZHIKODE-673010
ADDL. V. MURALIDHARAN, AGED 59 YEARS
APPELLANT S/O LATE V.HARIDASAN NAIR, VALAPPIL HOUSE,
5 2/748, CANAL ROAD, KARAPARAMBA.P.O, KOZHIKODE-
673010
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LAA Nos. 378 of 2015 and con.cases
ADDL. V. SATHEESH CHANDRAN, AGED 57 YEARS
APPELLANT S/O LATE V.HARIDASAN NAIR, 8G MYCENAE
6 APARTMENT, PATTUTHERUVU, MOONALINGAL JUNCTION,
BEACH.P.O, KOZHIKODE - 673032
ADDL. V.VANAJA KUMARI, AGED 56 YEARS
APPELLANT D/O LATE V.HARIDASAN NAIR, GANAPATH SANKAR
7 NAGAR, NEAR BMW CAR SHOW ROOM, MARAD, ERNAKULAM
-682304
ADDL. V. BABITHA KUMARI AGED 50 YEARS
APPELLANT D/O LATE V.HARIDASAN NAIR, AGASTHYA, KRISHNAN
8 NAIR ROAD, KARUVISSERY. P.O, KOZHIKODE-673010
THE LEGAL HEIRS OF THE DECEASED SOLE
CLAIMANT/APPELLANT ARE IMPLEADED AS ADDITIONAL
APPELLANTS/CLAIMANTS 2 TO 8 ,VIDE ORDER DATED
15/12/2023 IN I.A. NO. 1/2023
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
KOZHIKODE-673010.
2 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWADIAR,
THIRUVANANTHAPURAM.
3 THE CO-ORDINATOR
KOXZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE-673010.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
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LAA Nos. 378 of 2015 and con.cases
ADV.SRI.ZAKIR HUSSAIN, SC FOR R2 & R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 192 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED 20.08.2015 IN
LAR NO.153 OF 2013
APPELLANT/CLAIMANT:
K.P. PUSHPAVATHY, AGED 60 YEARS
W/O K.P. VIJAYAN, KARIYADATH HOUSE,
KARUVASERI.P.O, KOZHIKODE 673010
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
KOZHIKODE-673020
2 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWADIAR,
THIRUVANANTHAPRUAM-695003
3 THE CO-ORDINATOR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE-673020
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LAA Nos. 378 of 2015 and con.cases
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
ADV.SRI.ZAKIR HUSSAIN, SC FOR R2 & R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 193 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED 20.08.2015 IN
LAR NO.164 OF 2013
APPELLANT/CLAIMANT:
SURENDRAN, AGED 62 YEARS, S/O. KRISHNAN,
PRESIDENT, VAGBADANANDA GURUDEVA SMARAKA
VAYANASALA ERANHIPALAM P.O,KOZHIKODE TALUK PIN
673 006
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS/RESPONDENTS:
1 DISTRICT COLLECTOR
KOZHIKODE
2 THE SPECIAL TAHASILDAR LA
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT
KOZHIKODE 673 010
3 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD KOWADIAR,
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LAA Nos. 378 of 2015 and con.cases
THIRUVANANTHAPURAM PIN 695 003
4 THE CO-ORDINATOR
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT
CIVIL STATION, KOZHIKODE 673 010
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2
ADV.SRI.ZAKIR HUSSAIN, SC FOR R3 & R4
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 200 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED 20.08.2015 IN
LAR NO.152 OF 2013
APPELLANT/CLAIMANT:
N.S. VARGHESE, AGED 48 YEARS , S/O. NEDUTHODIYIL
SCARIA YOHANNEN, S.L. PURAM ROAD, KOTTAYAM
DISTRICT.
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR,
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT.
KOZHIKODE-673 010.
2 THE CHIEF EXECUTIVE OFFICER,
KERALA ROAD FUND BOARD,
KOWADIAR, THIRUVANANTHAPURAM-695 003
3 THE CO-ORDINATOR
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE-673 010.
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LAA Nos. 378 of 2015 and con.cases
333
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
ADV.SRI.ZAKIR HUSSAIN, SC FOR R2 & R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 223 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUB COURT, KOZHIKDE DATED 20.08.2015 IN LAR
NO.215 OF 2013
APPELLANT/CLAIMANT:
MOOSA P, AGED 62 YEARS, S/O. MOIDEEN, 'SHISFA
MANZIL', MAKKADA P.O., KAKKODI, KOZHIKODE TALUK-
673 611.
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
KOZHIKODE-673 010.
2 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWADIAR,
THIRUVANANTHAPURAM-695 003.
3 THE CO-ORDINATOR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE-673 010.
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LAA Nos. 378 of 2015 and con.cases
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
ADV.SRI.ZAKIR HUSSAIN, SC FOR R2 & R3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
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LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 276 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED AUGUST 20TH,
2015 IN LAR NO.200 OF 2013
APPELLANT/CLAIMANT:
*1 V.HARIDASAN NAIR,AGED 86 YEARS
AGED 86 YEARS, S/O. RAMAN NAIR, VALAPPIL HOUSE,
KARAPARAMBA, CALICUT-673 010.
DIED. LEGAL HEIRS IMPLEADED
ADDL. P.K.KAMALAM, AGED 81 YEARS,
APPELLANT W/O LATE V.HARIDASAN NAIR, VALAPPIL HOUSE,
2 2/748, CANAL ROAD, KARAPARAMBA.P.O, KOZHIKODE-
673 010
ADDL. V. VASANTHA KUMARI, AGED 63 YEARS,
APPELLANT D/O LATE V.HARIDASAN NAIR, AMBADI, KRISHANAN
3 NAIR ROAD, KARUVISSERY. P.O, KOZHIKODE-673 010.
ADDL. V. VALSALA KUMARI, AGED 61 YEARS,
APPELLANT D/O LATE V. HARIDASN NAIR, AKSHARA, KRISHANAN
4 NAIR ROAD, KARUVISSERY. P.O, KOZHIKODE-673 010.
ADDL. V. MURALIDHARAN, AGED 59 YEARS,
APPELLANT S/O LATE V.HARIDASAN NAIR, VALAPPIL HOUSE,
5 2/748, CANAL ROAD, KARAPARAMBA.P.O, KOZHIKODE-
673 010
ADDL. V. SATHEESH CHANDRAN, AGED 57 YEARS,
2025:KER:37364
25
LAA Nos. 378 of 2015 and con.cases
APPELLANT S/O LATE V.HARIDASAN NAIR, 8G MYCENAE
6 APARTMENT, PATTUTHERUVU, MOONALINGAL JUNCTION,
BEACH.P.O, KOZHIKODE-673 032.
ADDL. V.VANAJA KUMARI, AGED 56 YEARS,
APPELLANT D/O LATE V.HARIDASAN NAIR, GANAPATH SANKAR
7 NAGAR, NEAR BMW CAR SHOW ROOM, MARAD,
ERNAKULAM-682 304.
ADDL. V. BABITHA KUMARI, AGED 50 YEARS
APPELLANT D/O LATE V.HARIDASAN NAIR, AGASTHYA, KRISHANAN
8 NAIR ROAD, KARUVISSERY. P.O, KOZHIKODE-673 010.
(ADDITIONAL APPELLANTS 2 TO 8 ARE IMPLEADED AS
THE LEGAL HEIRS OF THE DECEASED SOLE APPELLANT
VIDE ORDER DATED 21/10/2024 IN IA NO.1/2023)
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOZHIKODE
KOZHIKODE-673 020.
2 THE SPECIAL TAHASILDAR (L.A.)
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
KOZHIKODE-673 010.
3 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWDIAR,
THIRUVANANTHAPURAM-695 003.
4 THE CO-ORDINATOR
KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE-673 010.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1 & R2
ADV.SRI.ZAKIR HUSSAIN, SC FOR R3 & R4
2025:KER:37364
26
LAA Nos. 378 of 2015 and con.cases
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY
HEARD ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
27
LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 338 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED AUGUST 20TH,
2015 IN LAR NO.141 OF 2013.
APPELLANTS/CLAIMANTS:
*1 SRI.KIZHAKAYIL GANGADHARAN
AGED 68 YEARS, S/O.UPPERAN, 5/211A, GANGA, NEAR
KOTTARAM ROAD, ERANHIPALAM P.O, KOZHIKODE 673
006.
(DIED LEGAL HEIRS IMPLEADED)
ADDL. SHAILAJA A.P., AGED 68, W/O LATE KIZHAKKAYIL
APPELLAN GANGADHARAN, 5/2111A-"GANGA", NEAR KOTTARAM
T ROAD, ERANHIPALAM P.O., KOZHIKODE-673006.
2
ADDL. SEENA, AGED 49 YEARS, D/O KIZHAKKAYIL
APPELLAN GANGADHARAN, 5/2111A-"GANGA", NEAR KOTTARAM
T ROAD, ERANHIPALAM P.O., KOZHIKODE-673006.
3
ADDL. SAJEEV, S/O KIZHAKKAYIL GANGADHARAN,
APPELLAN 5/2111A-"GANGA", NEAR KOTTARAM ROAD, ERANHIPALAM
T P.O., KOZHIKODE-673006 (ADDITIONAL APPELLANTS 2
4 TO 4 ARE IMPLEADED AS THE LEGAL HEIRS OF THE
DECEASED SOLE APPELLANT VIDE ORDER DATED
10/08/17 IN IA 478/17)
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28
LAA Nos. 378 of 2015 and con.cases
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
KOZHIKODE 673 020.
2 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWADIAR,
THIRUVANANTHAPURAM 695 003.
3 THE CO-ORDINATOR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE 673 020.
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
ADV.SRI.ZAKIR HUSSAIN, SC FOR R2 & R3
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:37364
29
LAA Nos. 378 of 2015 and 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 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
LA.APP. NO. 353 OF 2016
AGAINST THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL SUBORDINATE JUDGE, KOZHIKODE DATED AUGUST 20TH,
2015 IN LAR NO.142 OF 2013
APPELLANT/CLAIMANT:
*1 KIZHAKKAYIL GANGADHARAN, AGED 68 YEARS, S/O.
UPPERAN, 5/2111A-"GANGA", NEAR KOTTARAM ROAD,
ERANHIPALAM P.O., KOZHIKODE-673 006.
(DIED AND IMPLEADED)
ADDL. SHAILAJA AP, AGED 68 YEARS
APPELLAN W/O LATE KIZHAKKAYIL GANDHARAN,5/2111A-"
T GANGA",NEAR KOTTARAM ROAD,ERANHIPALAM
2 P.O.KOZHIKODE-673006
ADDL. SEENA, AGED 49 YEARS
APPELLAN D/O LATE KIZHAKKAYIL GANDHARAN,5/2111A-"
T GANGA",NEAR KOTTARAM ROAD,ERANHIPALAM
3 P.O.KOZHIKODE-673006. LR'S OF THE DECEASED SOLE
APPELLANT ARE IMPLEADED AS ADDL.APPELLANTS 2 TO
4 VIDE ORDER DATED 14.06.17 IN IA 483/17
ADDL. SAJEEV, S/O LATE KIZHAKKAYIL GANDHARAN,5/2111A-"
APPELLAN GANGA",NEAR KOTTARAM ROAD,ERANHIPALAM P.O.
T KOZHIKODE-673006.
4 LR'S OF THE DECEASED SOLE APPELLANT ARE
IMPLEADED AS ADDL.APPELLANTS 2 TO 4 VIDE ORDER
DATED 14.06.17 IN IA 483/17
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30
LAA Nos. 378 of 2015 and con.cases
BY ADVS. SRI.VINOD SINGH CHERIYAN
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS/RESPONDENTS:
1 THE SPECIAL TAHSILDAR, KOZHIKODE
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
KOZHIKODE-673 020.
2 THE CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD, KOWDIAR,
THIRUVANANTHAPURAM-695 003.
3 THE CO-ORDINATOR
KOZHIKODE CITY ROAD, IMPROVEMENT PROJECT,
CIVIL STATION, KOZHIKODE-673 020.
BY ADV SRI.V.RAJASEKHARAN NAIR, SC, KERALA ROAD
FUND BOARD FOR R2 & R3
OTHER PRESENT:
SR GP T K SHAJAHAN FOR R1
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 28.05.2025, ALONG WITH LA.App..378/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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31
LAA Nos. 378 of 2015 and con.cases
'CR'
LA.App. Nos.378/2015, 71/2019, 72/2019, 91/2019, 23/2019,
88/2016, 148/2016, 192/2016, 193/2016, 200/2016, 223/2016,
276/2016, 338/2016, 353/2016
JUDGMENT
Dr.A.K.JAYASANKARAN NAMBIAR, J.
As these batch of Land Acquisition Appeals pertain to the
acquisition for the widening of the Karaparamba - Kalluthankadavu Road
in Calicut district, they are taken up for consideration together and
disposed by this common judgment.
2. The batch of appeals before us comprise of 14 appeals
and the details of the same are as given below:
Sl. LAA No. LAR No. Extent Sy. 4(1) Award by Award by
No. (in Ares) No. Notification LAO Reference
(Per Cent) Court
(Per Cent)
1 88/2016 178/2013 0.64 266/3 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
2 148/2016 148/2013 2.47 247/1 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
3 192/2016 153/2013 1.32 266/3 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
4 193/2016 164/2013 0.075 5-6-167/7 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
5 200/2016 152/2013 0.17 272/1 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
6 223/2016 215/2013 0.08 322/2 10.12.2010 Rs.3,53,394/- Rs.6,18,440/-
7 276/2016 200/2013 2.18 2-6-250/2 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
8 338/2016 141/2013 1.23 615/10 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
9 353/2016 142/2013 1.17 615/10 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
10 23/2019 167/2013 2.59 2-6-242/2 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
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LAA Nos. 378 of 2015 and con.cases
11 71/2019 288/2014 0.83 2-6-246/1 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
12 72/2019 257/2013 0.22 2-6-245/1 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
13 91/2019 258/2013 1.04 2-6-246/1 06.01.2011 Rs.3,53,394/- Rs.6,18,440/-
27-2-8
14 378/2015 203/2013 1.73 27-2-9 10.12.2010 Rs.3,92,660/- Rs.7,85,320/-
27-2-10
3. In all the Land Acquisition Appeals, save LAA No.378
of 2015, the Section 4(1) notification was published on 06.11.2011. In
LAA No.378 of 2015, the notification was published on 10.12.2010. The
properties acquired all lie in close proximity to each other, predominantly
by the side of the aforementioned road (Karaparamba - Kalluthankadavu
Road) in the stretch between Karaparamba junction and Eranhipaalam
junction and further down towards Arayidathupalam junction. It is not in
dispute that the properties in question are all situated in a commercially
important area in Calicut district.
4. The Land Acquisition Officer determined the market
value of the acquired properties in respect of all the appeals
aforementioned, save LAA 378 of 2015, at Rs.3,53,394/- per cent. In the
case of the property acquired in LAA No.378 of 2015, he fixed the market
value at Rs.3,92,660/- per cent. While doing so, the Land Acquisition
Officer placed reliance on the sale deed No.1823 of 2010 dated
24.05.2010 of Chevayoor Sub Registry. The said property is situated
almost 1½ kilometers east of the acquired lands on the southern side of
the Medical College Road. The Commission Reports produced before the
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LAA Nos. 378 of 2015 and con.cases
Reference Court indicate that the said land was a residential area with no
commercial establishments nearby. As against that, the Commission
Reports also revealed that the acquired properties were situated near to a
Homoeo College, Regional Passport Office, Provident Fund Office,
Malabar Devaswom Board Office, Co-operative Tribunal, the Kozhikode
District Co-operative Hospital, Malabar Hospital, ESI Hospital, Special
Court for Maradu Cases, Wakf Tribunal, Educational Institutions,
Nationalised Banks, Post Offices etc. and further, the properties had
direct road access with scope for future development. It was under these
circumstances that the claimants found the market value fixed by the
Land Acquisition Officer to be abysmally low and approached the
Reference Court for an enhancement of the compensation.
5. Before the Reference Court, various sale exemplars
were produced by the claimants to discharge their burden of proof in
relation to the market value of the properties acquired from them. While
various documents were considered by the Reference Court, the eventual
enhancement of market value effected by the Court was not based on any
particular sale exemplar but more on a guess work. As a result, we are not
in a position to ascertain the basis for the fixation of the enhanced market
value of Rs.6,18,440/- and Rs.6,18,750/- per cent as the market value of
the acquired properties in all the appeals, save LAA No.378 of 2015. In
the last mentioned appeal, in a similar fashion, and without revealing the
basis for such fixation, the Reference Court enhanced the market value of
the land by 100% and fixed the market value at Rs.7,85,320/- per cent. It
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LAA Nos. 378 of 2015 and con.cases
is aggrieved by the said limited enhancement and claiming a higher
compensation that the claimants are now before us through these appeals.
6. We have heard Sri. P.Martin Jose, Sri.Vinod Singh
Cheriyan and Sri.Jeswin P. Varghese, appearing on behalf of the
appellants, and also Sri. T.K.Shajahan, the learned Senior Government
Pleader appearing for the respondents.
7. On a consideration of the rival submissions and on a
perusal of the Trial Court Records, which are made available before us,
we are of the view that the judgments of the Reference Court impugned in
these appeals require to be interfered with. It is, no doubt, true that in
matters of fixation of market value of the properties acquired in a land
acquisition proceedings, there are several limitations that are faced by an
adjudicatory body, while arriving at the market value of the acquired
properties, and the compensation that is to be ultimately paid in respect
of the said property. The exercise of estimating the market value of the
acquired properties necessarily involves an element of guess work.
However, as has been pointed out by the Supreme Court on many an
occasion, and quite recently in New Okhla Industrial Development
Authority (NOIDA) v. Harnand Singh (deceased) Through Lrs
and Others [(2024) SCC Online SC 1691] , the exercise of
"guesstimation" has also to conform to a certain rationale. In other
words, there cannot be an arbitrary fixation of market value based on no
evidence. The observations of the Supreme Court in the NOIDA Case
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LAA Nos. 378 of 2015 and con.cases
(supra) are significant and read as follows:
E.1.2. Applicability and use of the principle of guesstimation
31. Guesstimation is a heuristic device that enables the court, in
the absence of direct evidence and relevant sale exemplars, to
make a reasonable and informed guess or estimation of the market
value of the land under acquisition, and concomitantly the
compensation payable by the appropriate Government. In that
sense, guesstimation hinges on the Court's ability to exercise
informed judgment and expertise in assessing the market value of
land, especially when the evidence does not tender a
straightforward answer.
32. This principle accentuates the fundamental understanding that
determining compensation for land is not a matter of exact science
but involves a significant element of estimation. Indeed, this holds
true for valuation of land in general, which is affected by a
multitude of factors such as its location, surrounding market
conditions, feasible uses etc. Accordingly, while evidence and
calculations can aid in estimating the land value, they ultimately
serve as tools for approximation rather than precision. Instead,
land valuation--and consequently the affixation of compensation--
remains an exercise of informed estimation, requiring the
integration of diverse data points and professional judgment
concerning subjective, intangible and dynamic elements. Pursing a
single precise valuation or compensation figure is bound to be
unjust, representing a rigid approach and a procrustean endeavour
at best.
33. Having said that, it is important to clarify that the process of
determining compensation is not entirely subjective. While it may
not be possible to arrive at a definitive figure, the exercise is still
epistemologically objective in so far as it is grounded in evidence
and the consideration of relevant factors. In case the compensation
is fixed agnostically to the factors affecting the valuation of the
land, the resultant figure might be arbitrary and may fail to
adequately compensate the landowner for the expropriated land.
Hence, while some subjectivity may exist in fixing the final figure
based on these factors, the sliding scale of judicial discretion
cannot be extended to mere speculation.
34. Accordingly, while the Court can use the principle of
guesstimation in reasonably estimating the value of land in the
absence of direct evidence, the exercise ought not to be purely
hypothetical. Instead, the Court must embrace a holistic view and
consider all relevant factors and existing evidence, even if not
directly comparable, to arrive at a fair determination of
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LAA Nos. 378 of 2015 and con.cases
compensation. Trishala Jain v. State of Uttaranchal , summarizes
these yardsticks as follows:
"65. It will be appropriate for us to state certain principles
controlling the application of "guesstimate":
(a) Wherever the evidence produced by the
parties is not sufficient to determine the
compensation with exactitude, this principle can
be resorted to.
(b) Discretion of the court in applying guesswork
to the facts of a given case is not unfettered but
has to be reasonable and should have a
connection to the data on record produced by the
parties by way of evidence. Further, this entire
exercise has to be within the limitations specified
under Sections 23 and 24 of the Act and cannot
be made in detriment thereto."
35. Broadly, such relevant factors can be divided into three
categories:
i. Characteristics of the land: The valuation of land is
undeniably influenced by its inherent characteristics. A parcel
of land endowed with advantageous features that enhance its
accessibility and usability tends to command higher market
price and thus, a greater valuation in comparison to lands
lacking such attributes. Key factors contributing to such
features include connectivity via roads and other means of
transportation, the size and shape of the land, availability of
essential utilities such as electricity and water, the evenness or
levelling of the land's surface, width of frontage, and nature and
status of the surrounding area etc.;
ii. Future potentiality of the land: In addition to its
characteristics, the valuation of land is also influenced by its
potentiality. Lands with the potential to be used for commercial
or residential purposes; that are located in or near a developed
area; or which are proximate to tourist destinations, are
perceived to hold greater value in the future. Consequently,
landowners may anticipate higher future prices and accordingly
demand higher sale prices compared to lands lacking these
attributes. Accordingly, these features also lead to an increase
in valuation; and
iii. Factors denoting market sentiment: Market sentiments are
powerful drivers of land valuation. Even if a particular piece of
land possesses all desirable features, its valuation can still
suffer if the market conditions at the time of publication of the
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LAA Nos. 378 of 2015 and con.cases
notification under Section 4 of the 1894 Act were unfavourable.
Factors such as economic recessions, political instability,
speculative investments or real estate crisis can impact the
perceived value of the land. Thus, these extraneous economic
and political factors must also be considered when assessing
land valuation."
It is by keeping in mind the above principle that we have to now examine
the documents that were available before the Reference Court and fix a
reasonable amount representing the market value of the acquired
properties.
8. On a perusal of the documents considered by the
Reference Court, we find that principally we need to consider only two
documents; namely, the basic sale deed No.1823 of 2010 dated
24.05.2010 that was taken into consideration by the Land Acquisition
Officer and; Ext.A10 document, which is a certified copy of an assignment
deed (Document No.2698/2004 of SRO West Hill dated 23.08.2004). As
already noticed, the property covered by the base document relied upon
by the Land Acquisition Officer was not a comparable one since it was
situated in a location which do not have the same features as the location,
where the properties in these appeals were situated. The property in
Ext.A10 document, however, is one that is situated on the side of the East
Hill - Balusserry Road, in close proximity to the Karaparamba Junction.
The Commission Reports clearly reveal the proximity of the said property
to the properties acquired in connection with the present acquisition. We
feel, therefore, that the value shown in the said document would offer a
more reliable basis for computing the market value of the properties
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LAA Nos. 378 of 2015 and con.cases
acquired. Needless to say, we would have to arrive at the value of the
acquired properties by tweaking the market value shown in Ext.A10
document and making the necessary adjustments for approximating it to
the value of the acquired properties.
9. To begin with, we have to adjust the market value of
the property in Ext.A10 document (Rs.3,75,000/- per cent in 2004) to
arrive at its equivalent value in 2010 the year of the Section 4(1)
notification in the instant appeals. Going by the judgment of the Supreme
Court in General Manager, Oil & Natural Gas Corporation Ltd
v. Rameshbhai Jivanbhai Patel & Anr. [(2008) 14 SCC 745] we
find that in an urban area, the market value arrived at for a property in
2004 can be adjusted to arrive at the realistic market value in 2010 by
applying an incremental factor of 15% compounded yearly for a period of
five years. This would be, because, although the period that elapsed
between the execution of Ext.A10 document and the date of the
publication of Section 4(1) notification is six years, the 1 st year would have
to be excluded for the purposes of the aforementioned computation. On
applying a 15% escalation for the period of five years, the market value of
Rs.3,75,000/- in 2004 would be Rs.7,54,259/- (rounded to Rs.7,55,000/-
per cent) in 2010. We also note from the certified copy of a registered
Jenm Assignment Deed No.373/2007 of SRO, Kozhikode dated 30.03.2007,
that was produced as Ext.A1 before the Reference Court in LAA No.378 of
2015, that the property covered therein comprised on an extent of 27.29
cents of land in Kasaba Village, which was sold for a consideration of
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LAA Nos. 378 of 2015 and con.cases
Rs.18,50,000/- per cent. The said property now houses a Mall, by name
"RP Mall" and is situated just opposite to the Moffussil Bus Stand, which
is in the heart of the City. Although the said sale exemplar was produced
before the Reference Court to suggest that it pertains to a similar land as
the acquired lands, the Reference Court did not accept the said exemplar
for fixing the market value of the acquired land. The Reference Court
probably thought that the market value shown in Ext.A1 document was an
unusually exorbitant one and was not reflective of the general market
value of properties in the vicinity, albeit the fact that the property was
situated in a commercial area. The Reference Court, however, found that
since the property in LAA No.378 of 2015 was situated at the
Karaparamba Junction, certain incremental amounts had to be fixed for
the said property when compared to the other properties that were
acquired in connection with the same notification. It was, therefore, that
while the amount of Rs.6,18,440/- / Rs.6,18,750/- were fixed by the
Reference Court as the market value of the properties involved in all the
other appeals, the market value for the property involved in LAA No.378
of 2015 was fixed at Rs.7,85,320/-.
10. Returning to the exercise that has now to be carried
out by us for the purposes of considering the claim of the appellants
herein for enhancement of the market value fixed by the Reference Court,
we are of the view that the market value of the acquired properties can be
fixed at a level between the arrived value of the property covered by
Ext.A10 document dated 23.08.2004 (Rs.7,55,000/- per cent) and
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LAA Nos. 378 of 2015 and con.cases
Rs.18,50,000/- per cent, which is the price obtaining in Ext.A10 document
dated 30.03.2007 for the property therein. When we adopt the average of
the two figures mentioned above, we arrived at a figure of Rs.13,02,500/-.
Inasmuch as Ext.A1 document was relied upon by the appellant in LAA
No.378 of 2015, we are of the view that the said figure of Rs.13,02,500/-
per cent can be fixed as the market value of the property acquired in the
said appeal.
11. As regards the other properties that were acquired
and which are covered by the other appeals, we feel that we can apply a
reduction factor, similar to what was adopted by the Land Acquisition
Officer at first instance, while fixing the market value of the said
properties. As already noticed above, the Land Acquisition Officer had
adopted a figure, which was 10% lower than the market value fixed for
the property in LAA No.378 of 2015 at first instance. Applying the same
rationale, when we reduce the market value fixed for the property in LAA
No.378 of 2015 (Rs.13,02,500/-) by 10%, we arrive at the figure of
Rs.11,72,250/- (rounded to Rs.11,75,000/-) per cent. The said figure of
Rs.11,75,000/- per cent is thus fixed as the market value of the properties
in all the other appeals ie. Other than LAA No.378 of 2015.
12. These appeals are, therefore, allowed by fixing the
market value of the acquired properties as Rs.11,75,000/- per cent in all
the appeals, save LAA No.378 of 2015. In the case of LAA No.378 of
2015, the market value is fixed at Rs.13,02,500/- per cent. The
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LAA Nos. 378 of 2015 and con.cases
compensation due to the claimants/appellants shall be computed
accordingly. The appellants shall also be entitled to the statutory benefits
and proportionate costs that flow from the revised fixation of the market
value.
We might also add that such of the appellants, who are required
to pay balance court fees, taking note of the revised fixation of market
value, shall pay the same as a precondition for obtaining the decree drawn
up pursuant to the revised fixation of market value. Further, in those
cases where appeals were filed with a delay, the appellants will not be
entitled to interest for the period of delay.
sd/-
Dr.A.K.JAYASANKARAN NAMBIAR
JUDGE
sd/-
P.M. MANOJ
JUDGE
das
