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2022 Supreme(Online)(KER) 5730
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
STATE OF KERALA – Appellant
Versus
JOSEPH P.J – Respondent
LA.App. 792 2014
SMT.N.SUDHADEVI, GOVERNMENT PLEADER
ADVS.SRI.S.M.PRASANTH FOR R1
SRI.T.H.ARAVIND FOR R1
SRI.V.RAJASEKHARAN NAIR, SC FOR KERALA ROAD FUND BOARD, FOR R2 & R3
The decision established that land classification affects compensation and emphasized the importance of accurate market comparisons in determining land value under the Kerala Land Acquisition Act.
Headnote:
Compensation - Land Acquisition - Kerala Land Acquisition Act, 1961 - Sections 4, 23(1A) - The court analyzed evidence on land valuation, modifying the compensation awarded by the Reference Court, affirming the categorization of the acquired land, and establishing a higher compensation rate aligned with market values.
Fact of the Case:
162 Land Acquisition Appeals were filed concerning land acquired for road widening in Kozhikode. The State challenged the enhanced compensation awarded by the Reference Court, while claimants sought further increases, arguing inadequate amounts were awarded.
Finding of the Court:
The court determined that the Reference Court correctly categorized the acquired lands as garden land and upheld its decision to enhance compensation based on credible sales comparisons and the importance of the location, while recognizing flaws in the State's valuation arguments.
Issues: Whether the Reference Court's classification of the acquired property and the compensation amount awarded were appropriate and reasonable, considering market conditions and land use at the time of acquisition.
Ratio Decidendi: The court affirmed that the classification of all acquired properties as garden land was justified and agreed to higher compensation reflecting the land's market value and surrounding developments, while correcting a mistake in how additional compensation was calculated.
Final Decision: Compensation for the acquired lands was enhanced to Rs.4,50,000/- per cent, with 12% additional value from the date of Section 4(1) notification until possession.
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, 328/11,328/13,328/17,32
