Equal treatment in compensation determination for similar properties acquired under land acquisition law.

JUDGMENT

Claimant in L.A.R No.180 of 2010 of the II Additional Sub Court, Thiruvananthapuram, has filed this appeal dissatisfied with the enhancement of compensation granted by the Sub Court.

2. An extent of 0.40 Ares of land in Re.Sy.No.44/4 of of Pettah Village, Thiruvnanthapuram Taluk was acquired from the appellant for construction of an approach road. Notification under Section 4 (1) of the Land Acquisition Act was issued on 20.09.2008. The Land Acquisition Officer fixed the amount of compensation as Rs.2,34,376/-. Dissatisfied with the compensation fixed by the Land Acquisition Officer, reference was sought. By the impugned judgment the reference court enhanced the land value and re- fixed it at Rs.14,82,000/- per Are. The appellant was not satisfied with the enhancement granted by the reference court and therefore this appeal was filed.

3. Heard the learned Counsel for the appellant, the learned Senior Government Pleader and the learned Counsel for the 3^rd respondent – Co-operative Bank. The learned Counsel for the appellant relied on the judgment of a learned Single Judge of this Court in L.A.A No.178 of 2015 and connected cases. The learned Single Judge dismissed the appeals filed by the State against the judgments of the reference court by which the land value was enhanced to Rs.25,10,394/- per Are. The learned Counsel submitted that for similarly situated properties the reference court fixed the land value at Rs.25,10,394/- per Are and with the dismissal of the appeals filed by the State, the said enhancement became final. She submitted that though the property of the appellant was also similarly situated the reference court wrongly fixed the land value at Rs.14,82,000/- per Are. She submitted that in any view of the matter the appellant is also enhanced to get the land value re-fixed at Rs.25,10,394/- per Are.

4. The learned Senior Government Pleader submitted that the nature of the property acquired from the appellant was same as that of the property involved in L.A.A Nos.178, 199, 471 and 650 of 2015.

5. Since the enhancement granted by the reference court in connected land acquisition references was upheld by this Court by the judgment in L.A.A Nos.178 of 2015 and connected cases, I am of the view that the appellant is entitled to succeed. The same land value has to be adopted in the case of the appellant also as the properties were identical.

6. Hence the appeal is allowed by enhancing the land value of the property acquired from the appellant to Rs.25,10,394/- per Are. The appellant shall be entitled for all statutory benefits also.

7. However, the appellant shall not be entitled for interest for the period of delay for the enhanced compensation.

8. Appellant has produced Annexure D, a certificate dated 19.07.2023, issued by the 3^rd respondent, stating that the loan account of the appellant was closed. It is submitted that as of now no amount is due from the appellant to the 3^rd respondent. This not disputed by the learned Counsel for the 3^rd respondent also. Under such circumstances, the appellant shall be entitled to receive the entire compensation.

The appeal is allowed as above.

Sd/-