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2022 Supreme(Online)(KER) 36255
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
STATE OF KERALA – Appellant
Versus
BHANUMATHI – Respondent
LA.App. 497 2014
SMT.N.SUDHADEVI, GOVERNMENT PLEADER
The judgment establishes the principles of valuing acquired land based on market conditions, supported by local evidence, and clarifies entitlement to additional compensation under the Land Acquisition Act.
Headnote:
Land Acquisition - Kerala Land Acquisition Act - Sections 54, 23(1A) - The court considered the classification of acquired properties, determined appropriate compensation based on market value and locality, and awarded enhanced compensation while also clarifying the entitlement to additional land value as per statutory provisions.
Fact of the Case:
Appeals were filed concerning the compensation for land acquired under the Kerala Land Acquisition Act for road widening. The State challenged enhanced compensation awarded by the Reference Court, while claimants sought further increases in compensation due to property significance.
Issues: The main issues revolved around the correct valuation of the acquired lands, classification discrepancies, and the appropriateness of the compensation awarded.
Ratio Decidendi: The court found the prior valuation methods used by the Land Acquisition Officer insufficient and confirmed the need for an adjustment in compensation, aligning it with market values and property significance.
Final Decision: The court modified the compensation amount awarded by the Reference Court to Rs.4,50,000/- per cent for specific appeals while affirming other elements of the prior decision.
J U D G M E N T
Shoba Annamma Eapen J :
These Land Acquisition Appeals are filed under Section 54 of the Kerala Land Acquisition Act ,1961 in respect of lands acquired for the purpose of widening of Kovoor-Vellimadukunnu Road, which is a project under Kozhikode City Road Improvement Project as per Notification :-2-:
dated 08.07.2010. Challenging the enhanced compensation awarded in Land Acquisition Reference cases and dissatisfied with the compensation awarded, the State as well the claimants are in appeal. LAA Nos. 63/2018, 275/2015, 300/2015, 321/2015, 345/2015, 365/2015, 367/2015, 384/2015, 433/2015, 434/2015, 435/2015, 438/2015, 439/2015, 446/2015, 447/2015, 453/2015, 462/2015, 13/2017, 28/2017, 513/2015, 51/2017, 68/2017, 105/2017, 198/2017, 278/2017, 285/2017, 793/2013, 179/2014, 180/2014, 200/2014, 210/2014, 217/2014, 111/2016, 245/2014, 250/2014, 279/2014, 294/2014, 300/2014, 301/2014, 310/2014, 194/2016, 319/2014, 196/2016, 206/2016, 209/2016, 335/2014, 338/2014, 343/2014, 356/2014, 357/2014, 234/2016, 260/2016, 266/2016, 267/2016, 275/2016, 286/2016, 287/2016, 291/2016, 292/2016, 293/2016, 421/2014, 429/2014, 454/2014, 455/2014, 459/2014, 461/2014, 462/2014, 463/2014, 468/2014, 472/2014, 362/2016, 365/2016, 370/2016, 371/2016, 497/2014, 374/2016, 504/2014, 380/2016, 381/2016, 382/2016, 507/2014, 383/2016, 509/2014, 386/2016, 515/2014, 521/2014, 526/2014, 534/2014, 412/2016, 415/2016, 416/2016, 417/2016, 420/2016, 423/2016, 424/2016, 579/2014, :-3-:
586/2014, 591/2014, 600/2014, 602/2014, 613/2014, 703/2014, 713/2014, 721/2014, 722/2014, 724/2014, 729/2014, 739/2014, 747/2014, 792/2014, 794/2014, 796/2014, 797/2014, 799/2014, 800/2014, 809/2014, 810/2014, 812/2014, 813/2014, 814/2014, 815/2014, 816/2014, 817/2014, 819/2014, 820/2014, 821/2014, 822/2014, 823/2014, 824/2014, 828/2014, 831/2014, 832/2014, 833/2014, 835/2014, 842/2014, 843/2014, 844/2014, 846/2014, 847/2014, 848/2014, 849/2014, 850/2014, 851/2014, 856/2014, 857/2014, 859/2014, 871/2014, 893/2014, 898/2014, 913/2014, 261/2016 are filed by the State challenging the enhanced compensation, Cross Objection Nos.121/2014 in LAA No.335/2014, 148/2022 in No.454/2014 and 17/2022 in No.429/2014 are filed by the claimants and Nos..692/2013, 693/2013, 694/2013, 701/203, 702/2013, 344/2016, 397/2017 and 398/2017 are filed by the claimants, dissatisfied with the compensation awarded by the Reference Court.
2. We have heard Smt.N.Sudhadevi, learned Special Government Pleader (Land Acquisition) appearing for the State of Kerala, Sri.K.A.Salil Narayanan, the learned Counsel appearing for the :-4-:
appellants in L.A.A.Nos.701/2013,702/2013,692/2013,693/2013 and 694/2013, Sri.R.Bindu (Sasthamangalam), the learned counsel appearing for the appellants in L.A.A.No.344/2016, Sri.Vinod Singh Cherian, the learned counsel appearing for the appellants in L.A.A.Nos.397/2017 and 398/2017, Sri.A.V.M.Salahudin, the learned counsel appearing for the cross objector in C.O.No.121/2014 in L.A.A.No.335/2014 and Sri.V.N.Ramesan Nambisan, the learned counsel appearing for the cross objectors in C.O.No.148/2022 in L.A.A.No.454/2014 and C.O.17/2022 in L.A.A.No.429/2014.
3. LAA No.815 of 2014 is treated as the main case. These cases have come up in batches totaling to 162 appeals including cross objections. The properties involved in all these appeals arise out of the same notification and are adjacent properties, acquired for the very same purpose. Hence we have heard the appeals together and are being disposed of by this common judgment. No.815/2014 (LAR No.82/2011) is treated as the leading case and the evidence in this case consists of oral testimony of AW1, Exts. A1 to A3, Ext.R1 to R6 and Ext.X1 and X2.
:-5-:
4. Properties in Sy.Nos.19/9,19/11,19/13,19/15,19/17,19/19, 19/21,20/5,20/7,20/9,20/12,23/15,23/16,23/18,23/22,23/26,122/4,122/5, 213/4,213/7,214/4,214/14,159/4,194/2,226/5,230/8,230/10,230/11,232/ 5,234/6,234/8,234/9,234/11, 234/12, 234/13, 234/14, 236/9, 328/11,328/13,328/
