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2022 Supreme(Online)(KER) 59834
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944 LA.APP. NO. 53 OF 2014 AGAINST THE DECREE AND JUDGMENT IN LAR 340/2007 OF SUB COURT, MAVELIKKARA LAC NO.100/2006 OF SPECIAL TAHSILDAR(LA), RAILWAYS, KAYAMKULAM APPELLANT/CLAIMANT:
1 SREEDHARAN PILLAI(DIED)
KAKKANATTU THEKKETHIL,PERINGALA
2 P.SAJANI, AGED 72 YEARS, W/O LATE K SREEDHARAN PILLAI, KAKKANATTU LEKSHMI BHAVAN, PERINGALA P.O, KAYAMKULAM – 690 559.
3 SREEKANTH S, AGED 42 YEARS, S/O LATE K SREEDHARAN PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O, KAYAMKULAM – 690 559.
4 SREENATH S, AGED 41 YEARS, S/O LATE K SREEDHARAN PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O, KAYAMKULAM – 690 559.
LEGAL HEIRS OF DECEASED APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 1 TO 3 VIDE SEPARATE ORDER DATED 14.10.2019 IN I.A 1/2019.
BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.MANU SEBASTIAN SRI.A.R.DILEEP SRI.RAJAN G. GEORGE SRI.P.J.JOE PAUL RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED SPECIAL TAHSILDAR(LA)
RAILWAYS KAYAMKULAM-690502
2 SOUTHERN RAILWAY,REPRESENTED BY ITS DIVISIONAL MANAGER,DIVISIONAL OFFICE, THIRUVANANTHAPURAM 695 001 BY ADVS.SENIOR GOVERNMENT PLEADER SMT.REKHA C NAIR SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS SRI.B.RAJESH, SC, RAILWAYS SMT.KRISHNA T C THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON
21.12.2022, ALONG WITH LA.App..137/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944 LA.APP. NO. 137 OF 2014 AGAINST THE DECREE AND JUDGMENT IN LAR 339/2007 OF SUB COURT, MAVELIKKARA APPELLANTS/CLAIMANTS:
1 SREEDHARAN PILLAI(DIED)
KAKKANATTU THEKKETHIL, PERINGALA.
2 P.SAJANI,AGED 72 YEARS,S/O LATE K SREEDHARAN PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O, KAYAMKULAM –
690 559.
3 SREEKANTH S, AGED 42 YEARS, S/O LATE K SREEDHARAN PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O, KAYAMKULAM – 690 559.
4 SREENATH S, AGED 41 YEARS, S/O LATE K SREEDHARAN PILLAI, KAKKANATTU LEKSHMI BHAVAN,PERINGALA P.O, KAYAMKULAM – 690 559.
LEGAL HEIRS OF DECEASED APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 1 TO 3 VIDE SEPARATE ORDER DATED
14.10.2019 IN I.A 1/2019.
BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP SRI.MANU SEBASTIAN SRI.K.J.SHARATH KUMAR RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED SPECIAL TAHSILDAR(LA)
RAILWAYS, KAYAMKULAM-690 502.
2 SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SMT.LIZAMMA AUGUSTINE, SC, RAILWAYS SRI.B.RAJESH, SC, RAILWAYS SMT.KRISHNA T C THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 21.12.2022, ALONG WITH LA.App..53/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
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Dated this the 21st day of December, 2022
['SRI GEORGE VARGHESEPERUMPALLIKUTTIYIL', '', 'SRI MANU SEBASTIAN', 'SRI A R DILEEPSRI RAJAN G GEORGESRI P J JOE PAUL', 'SRI A R DILEEPSRI RAJAN G GEORGESRI P J JOE PAUL', 'GEORGE VARGHESEPERUMPALLIKUTTIYIL', 'GOVERNMENT PLEADER', '', 'SRI JOHN MATHEWSC RAILWAYS', 'SMT LIZAMMA AUGUSTINE', 'SC', 'RAILWAYS', 'SRI B RAJESH', 'RAILWAYSKRISHNA T C']
JUDGMENT
Seeking enhancement of land acquisition compensation, the claimant is in appeal.
2. Properties belonging to the claimant were acquired for the purpose of, doubling of railway line. L.A.A No.53 of 2014 arises from L.A.R No.340 of 2007. It relates to acquisition of 4.40 Ares of dry land, situated in Survey No.39/1-1 of Peringala village. L.A.A No.137 of 2014 arises from L.A.R No.339 of 2007. It relates to acquisition of 4.30 Ares of dry land with residential building, situated in Survey No.330/9-1 of Peringala Village. The notification under Section 4(1) of the Land Acquisition Act was published on 06.10.2004.
3. The land acquisition officer fixed the value of land at D21,601/- per Are. The value of the building was fixed at D2,92,615/-. The reference court refixed the land value at D35,000/- per Are and the value of the building at D3,17,615/-.
4. Heard Sri.George Varghese Perumpallikuttiyil on behalf of the appellant – claimant, learned senior Government Pleader Smt.Rekha C Nair and Smt.T.C.Krishna on behalf of the 2nd respondent.
5. To fix the land value, the reference court had relied on Ext A1 judgment in L.A.R No.185 of 1991. The said reference related to a Section 4(1) notification dated 25.10.1988. It related to 2.60 Ares of dry land. The land acquisition officer had fixed the value at D6,186/- and the reference court re-fixed the value at D29,640/- per Are. Noticeably the Section 4(1) notification in L.A.R No.185 of 1991 is very much prior to Section 4(1) notification in the present case. Therefore, the value in L.A.R No.185 of 1991 could not be the basis for determination of land value in the present case.
6. The claimant has proved the importance of the locality in which the properties are situated by taking out an Advocate Commissioner. Both the properties are lying adjoining public roads.
7. With regard to acquisition of 4.36 Ares of dry land in the same village and for the same purpose, there was another Land Acquisition Appeal as L.A.A No.272 of 2013. Section 4(1) notification therein was dated 06.10.2004, i.e., the same date as in the present case. Therein the land acquisition officer had fixed the land value at D19,201/- per Are which is less than the value fixed by the land acquisition officer in the present case. Therein the reference court had re-fixed the value at D40,000/- per Are. In the Appeal, this Court re-fixed the value at D65,000/- per Are. The said acquisition being under the same notification could be the basis for fixing value in the present case also.
8. As noticed above, value fixed for the property involved in the present case by the land acquisition officer is higher than the value fixed by the land acquisition officer with regard to the property in L.A.A No.272 of 2013. Taking into consideration the proportionate difference in the value, I deem it appropriate that the value of the property involved in the present proceedings could be fixed at D72,000/- per Are.
9. As regards the value of the building involved in L.A.A No.137 of 2014, Ext A3 is the report by the Assistant Executive Engineer(Buildings), Haripad Sub Division. He has fixed the value of the building, after depreciation, at D4,85,733/-. Ext A2 is the valuation effected by the requisitioning authority which is the very same value as fixed by the land acquisition officer. The building has an area of 1493 Sq.ft. It is a residential building. Considering all the above, compensation for the building is re-fixed at D3,75,000/-.
In the result, the Appeals are allowed. The value of the land involved in these Appeals is re-fixed at D72,000/- per Are. The value of the building involved in L.A.A No.137 of 2014 is re-fixed at D3,75,000/- per Are. The appellant will be entitled for statutory benefits on the enhanced land value, as provided under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. The appellant shall be entitled to proportionate costs. In the light of the order dated 25.10.2019 in C.M.Application No.142 of 2014 in L.A.A
