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2016 Supreme(Ker) 348

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.R. RAMACHANDRA MENON, ANIL K. NARENDRAN, JJ.
Ali Akbar - Appellant
Vs.
State of Kerala & Anr. - Respondents
L.A.A. Nos. 707, 727, 820 of 2012; 550, 652 of 2013; 58 & 428 of 2014; C.O. No. 67, 58, 61 of 2015 & 84 of 13
Decided On : 17-06-2016

Advocates:
Advocate Appeared:
For the Appellant : Sri. C.P. Wilson, Sri. V.N. Subash
For the Respondents: Sri. R. Padmaraj, Sri. N. Nagaresh

Headnote:

Land Acquisition Act, 1894 - Section 4(1) - Acquisition of Land - Nature of Land - Proof of - Burden is on the claimant - To prove otherwise with reliable materials - Per se - Held, Since the entire property covered by document was purchased for a total consideration and the consideration for 'dry land' and 'wet now dry land' are not separately shown, the entire property of the claimant should be categorised as Category III, i.e., 'dry land facing private road' is per se arbitrary and patently illegal.

JUDGMENT :

Anil K. Narendran, J.

L.A.A. No. 707/2012 filed by the claimant and Cross Objection No. 67/2015 filed by the State arising out of the judgment and decree of the Addl. Sub Court North Paravur (hereinafter referred to as 'the reference court') dated 17.7.2012 in L.A.R. No. 4/2011;

L.A.A. No. 727/2012 filed by the claimant and Cross Objection No. 58/2015 filed by the State arising out of the judgment and decree of that court dated 19.7.2012 in L.A.R. No. 6/2011;

L.A.A. No. 550/2013 filed by the claimant and L.A.A. No. 652/2013 by the State arising out of the judgment and decree of that court dated 30.1.2013 in L.A.R. No. 5/2011; L.A.A. No. 820/2012 filed by the State and Cross Objection No. 84/2013 filed by the claimant, arising out of the judgment and decree of that court dated 28.2.2012 in L.A.R. No. 59/2010; and L.A.A. No. 428/2014 filed by the State arising out of the judgment and decree of that court dated 7.2.2012 in L.A.R. No. 73/2010, are in respect of the land acquisition proceedings initiated pursuant to a notification dated 31.8.2009 issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for the construction Air Enclave for Indian Coast Guard.

2. L.A.A. No. 58/2014 filed by the claimant and Cross-Objection No. 61/2015 filed by the State arising out of the judgment and decree of the reference court dated 26.7.2013 in L.A.R. No. 12/2012 is in respect of the land acquisition proceedings initiated pursuant to a notification dated 2.8.2011 issued under Section 4(1) of the Act, for the construction of road by the Kerala Public Works Department, in the periphery of the land acquired for the construction of Air Enclave for Indian Coast Guard.

3. Since the basis for enhancement of land value by the reference court in L.A.R. Nos. 4/2011, 6/2011, 5/2011 and 73/2010 is either the judgment of a Division Bench of this Court dated 4.4.2012 in L.A.A. No. 762/2011, arising out of the judgment and decree of the reference court in L.A.R. No. 60/2010 or Document No. 3860/07 of SRO Sreemoolanagaram, dated 5.9.2007 relied on in that judgment for re-fixation of land value, we propose to deal with all these appeals and cross objections by a common judgment.

4. The brief facts of the appeals and cross objections are as follows;

4.1. L.A.A. No. 707/2012:- This appeal filed by the claimant arises out of the judgment and decree of the reference court in L.A.R. No. 4/2011. A total extent of 53.31 Ares of property, comprising of 15.97 Ares in Re.Sy.No.121/4p and 14 of Chowara Village in Aluva Taluk (classified as Category No.I - 'dry land facing PWD road' by the Land Acquisition Officer) and 37.34 Ares in Re-Sy.Nos.121/5, 11 and 17 (classified as Category No.II -'wet now dry land facing PWD road' by the LAO), was acquired for the construction of Air Enclave for Indian Coast Guard based on Section 4(1) notification dated 31.8.2009. The Land Acquisition Officer passed Award No.6/10 dated 13.7.2010 fixing land value for 15.97 Ares classified as Category No.I at the rate of 2,59,746/- per Are and that for 37.34 Ares classified as Category No.II at the rate of 1,13,966/- per Are. On a reference made under Section 18 of the Act, the reference court by judgment and decree dated 17.7.2012 in L.A.R. No. 4/2011 re-fixed the land value for 15.97 Ares classified as Category No.I at 8,30,000/- per Are (219.54% of the land value of 2,59,746/- per Are fixed by the LAO), relying on Ext.A1 judgment of this Court in L.A.A. No. 762/2011 arising out of L.A.R. No. 60/2010. For the remaining 37.34 Ares classified as Category No.II, the reference court re-fixed the land value at 2,27,932/- per Are (100% of the land value of 1,13,966/- per Are fixed by the LAO). The reference court has also granted interest, statutory benefits, etc. for the enhanced land value so fixed. In the absence of any reliable materials, the reference court rejected the claim for compensation for structures/improvements. The claimant, not being satisfi























































































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