IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 277 of 2011(H) ------------------------------------- PETITIONER(S): ------------------------- MRS.PATHAI, WIFE OF MARIKAR HAJI, 71 YEARS, RESIDING AT PAIKKATTIL HOUSE, KARANTHOOR P.O., KURUVATTOOR AMSOM, KONOTT DESHAM, KOZHIKODE DISTRICT. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.RENI RASHEED SMT.D.MINI RAJAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM- PIN- 695 001. 2. DISTRICT COLLECTOR, KOZHIKODE-PIN- 673 001. 3. SPECIAL TAHSILDAR (LA), LAND ACQUISITION OFFICE, KOILANDY, KOZHIKODE DIST-673 008. 4. VILLAGE OFFICER, NELLIKKODU, KOZHIKODE DISTRICT-673 036. 5. URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD., KOZHIKODE. (ULCC, KOZHIKODE)-673 002. BY GOVERNMENT PLEADER SRI.V.K.RAFEEQUE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, ALONG WITH WPC NO.310 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.277/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALE DEED NO.5337/2008 DATED 17/11/2008. P2 COPY OF THE STATEMENT ISSUED BY THE SPECIAL TAHSILDAR DATED 6/4/2010 P3 COPY OF THE FAIR VALUE FIXED BY THE GOVERNMENT IN CALICUT DISTRICT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID, J. ------------------------ W.P.(C).Nos.277 & 310 Of 2011 ---------------------- Dated this the 9th day of December, 2011. J U D G M E N T Common issues are involved in these writ petitions, hence the writ petitioners are disposed of by this common judgment. 2. The writ petitions are filed for a direction commanding respondents 1 & 4 to stay further proceedings in the fixation of land value of the petitioners' property and for a direction commanding the 4th respondent to fix the land value of the petitioner on the basis of Exts.P1 & P3 fair value fixed by the Government of Kerala on the basis of the report of the Advocate Commissioner. 3. It is averred that 68 acres of land belonging to various persons including the petitioners is the subject matter of acquisition for the establishment of IT Park at Nellikode and Pantheerankavu Villages in Kozhikode District. Petitioners submit that properties are situated by the side of NH-17 access to NH-17 and PWD road. It is stated that the properties are lying in a commercial area having high potential value. Ext.P1 is the copy ::2:: W.P.(C).Nos.277 & 310 Of 2011 of the sale deed in favour of the petitioners. According to the petitioners, the present value of their properties lying by the side of NH-17 is more than Rs.25 Lakhs per cent and that the other properties having access to NH bye-pass and PWD road is having the land value of more than Rs.10 to 15 Lakhs. It is also pointed out that petitioners' properties are situated in Corporation area. Petitioners produced Ext.P3, copy of the fair value fixed by the Government of Kerala in Kozhikode District. It is pointed out in Ext.P3 the value of the property fixed per Are for the residential plot with road access either from NH or PWD road is fixed at Rs.2,75,000/- per Are. Petitioners submit that their properties are situated in a commercially important area and that the properties are facing NH-17 road having access to NH and PWD road. The apprehension of the petitioners is that the land value of the petitioners' property is proposed to be fixed only at Rs.17,000/- per cent which is inadequate, insufficient and the proceedings initiated by the 4th respondent for fixation of the land value is arbitrary. In these circumstances, the writ petitions are filed for the aforesaid reliefs. ::3:: W.P.(C).Nos.277 & 310 Of 2011 4. Going by the procedure prescribed for fixation of land value for lands under acquisition, it is for the Land Acquisition Officer to fix the land value taking into account all the materials. The fixation of land value by the Land Acquisition Officer is not final. If the petitioners are aggrieved by the land value fixed by the Land Acquisition Officer, they have the right to apply for reference for adjudication by the Land Acquisition Court (Sub Court). It is for the Land Acquisition Court to examine and decide the adequacy of compensation. If the petitioner has got a case that the land value fixed by the Land Acquisition Court is not fair, adequate or low, the petitioner is entitled to prefer appeal before this Court. Thus, remedies are open to the land owners as provided in the Act itself. Without prejudice to the right of the petitioners to move before the appropriate forum for appropriate reliefs, the writ petitions are dismissed. HARUN-UL-RASHID, Judge. bkn/-