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2025 Supreme(Online)(Ker) 50552
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM – Appellant
Versus
TRUSTEE, IMMANUVEL MARTHOMA CHURCH, PARUTHIPPARA, THIRUVANANTHAPURAM-695 015 – Respondent
LA.APP. NO. 17 OF 2021
For the Appellants/Petitioners: SMT. REKHA C NAIR SR.GOVERNMENT PLEADER
For the Respondents: SRI.J.HARIKUMAR
The court affirmed the principle of reducing compensation based on precedent judgments within land acquisition cases.
Headnote:This case involves a land acquisition appeal under the Land Acquisition Act, 1894. The claimant's land was originally valued at Rs.2,69,906/- per Are, but a reference court awarded Rs.21,60,000/- per Are after relying on an earlier judgment. The court reduced this amount based on a subsequent appeal, finalizing the compensation at Rs.9,06,840/- per Are. The primary issue addressed was the modification of land value. The court found that the claimant’s entitlement should reflect a 10% reduction from the previous judgment in LAA No.151/2013. Accordingly, the appeal is allowed in part, modifying the compensation.
| Table of Content |
|---|
| 1. initial compensation value established under section 4. (Para 1) |
| 2. final compensation determined after referring to precedent. (Para 2) |
JUDGMENT
1. The respondents are the appellants in this appeal. An extent of
0.19 Ares of dry land belonging to the claimant was acquired as per Section 4 (1) Notification dated 31.01.2005 under the Land Acquisition Act, 1894 . The Land Acquisition Officer passed Award fixing land value @ Rs.2,69,906/- per Are, including the land in B Category. On reference under Section 18 , the reference court awarded compensation fixing the land value at the rate of Rs.21,60,000/- per Are, relying on Ext.A1 judgment of the same court in LAR No.675/2009 fixing land value @ Rs.24,00,000/- per Are for A category. The land value was fixed at Rs.21,60,000/- per Are for B category reducing 10% from the land value of A category. Ext.A1 judgment was appealed by the State in LAA No.151/2013 and the compensation was reduced fixing the land value at Rs.10,07,600/- per Are. Hence, the land value awarded by the Reference Court is liable to be interfered with. Adopting the same criteria followed by the Reference Court, the claimant in this case is entitled to get the land value fixed, reducing 10%
from Rs.10,07,600/- per Are. Accordingly, the land value in this case is re-fixed at Rs.9,06,840/- per Are, relying on the judgment in LAA No.151/2013 .
2. Accordingly, the appeal is allowed in part without costs modifying the judgment passed by the Reference Court declaring that the claimant is entitled to get Rs.9,06,840/- per Are for the acquired land, which includes the land value awarded by the Land Acquisition Officer with all statutory benefits and interest as ordered by the Reference Court.
Sd/-
