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2022 Supreme(Online)(KER) 5830
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
STATE OF KERALA – Appellant
Versus
E.K.AHAMMED – Respondent
LA.App. 250 2014
SMT.N.SUDHADEVI, GOVERNMENT PLEADER, SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
The court affirmed the need for compensation based on post-notification land sales, emphasizing the property's locational advantages and market conditions.
Headnote:
Compensation - Land Acquisition - Kerala Land Acquisition Act, 1961 - Sections 23(1A), 54 - The case examines the assessment of compensation for land acquired for road widening, affirming the reference court's enhanced valuation despite challenges regarding land classification and previous sales data.
Fact of the Case:
The appeals concern the compensation awarded for lands acquired under the Kerala Land Acquisition Act for road widening. The State and claimants are dissatisfied with the valuation set by the Reference Court.
Finding of the Court:
The court upheld the Reference Court's classification of acquired lands as garden land and the decision to enhance compensation to Rs. 4,50,000 per cent, finding the initial valuation inadequate and the basis for the enhancement justified by the area's development.
Issues: Whether the Reference Court's valuation and classification of the land as garden land were correct and whether the enhancement of compensation was justified.
Ratio Decidendi: The classification of the acquired land and the comparative analysis of similar properties were critical in justifying the enhanced compensation, reinforcing that sales after the notification offer the best evidence for current market value.
Final Decision: The appeals are partly allowed, enhancing the compensation to Rs. 4,50,000 per cent with all 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,
