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2022 Supreme(Online)(KER) 41601
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
STATE OF KERALA – Appellant
Versus
K.MUHAMMED – Respondent
LA.App. 797 2014
SMT.N.SUDHADEVI, GOVERNMENT PLEADER
Compensation in land acquisition must reflect the current market value and proper land classification to ensure just remuneration for claimants under the Kerala Land Acquisition Act.
Headnote:
Compensation - Land Acquisition - Kerala Land Acquisition Act, 1961 - Sections 54, 23(1A) - The appeals were focused on the adequacy of compensation for land acquisition, examining classification of land and market value assessments. The court underscored the relevance of proper classification and prevailing market conditions in determining just compensation.
Fact of the Case:
Land acquisition appeals were filed under the Kerala Land Acquisition Act concerning compensation valuation for properties acquired for road widening under a municipal project. The State contested the enhanced compensation awarded by the Reference Court, while claimants sought further increases.
Finding of the Court:
The court upheld the Reference Court's classification of the acquired lands as garden lands, rejecting the State's assertion that they should be treated as wet lands. It confirmed the adequacy of the enhanced compensation based on the locality's market value and evidence presented.
Issues: The primary issues involved the correct classification of acquired properties and whether the compensation awarded was justifiable considering market conditions and property value.
Ratio Decidendi: The court concluded that the Reference Court's classification of the lands was reasonable and affirmed that compensation should reflect the true market value, prioritizing the local area's importance over historical valuation methods.
Final Decision: The compensation for the properties was enhanced to Rs. 4,50,000/- per cent, with relevant statutory benefits.
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 LAA No.454/2014 and 17/2022 in LAA No.429/2014 are filed by the claimants and LAA 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. LAA 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, 328/11,328/13,328/17,
