IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY , THE 14TH JANUARY 2008/ 24TH POUSHA 1929 LA.App..No. 848 of 2003() & Cross-Objection No. 77 of 2007 ------------------------- LAR.27/1999 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT: RESPONDENT ----------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR RESPONDENT: CLAIMANT ------------------------------ 1. CHACKO VARKEY, PUTHENPURACKAL HOUSE, KOTHANALLOOR(DIED) *ADDL.2. GEORGE JAMES, PUTHENPURAKKAL HOUSE, KOTHANALLOR POST , KOTTAYAM, REPRESENTED BY HIS DULY CONSTITUTED POWER OF ATTORNEY HOLDER, LIVY GEORGE, SON OF GEORGE JAMES , PULINILKKUMKALAYIL HOUSE,KOTHANALLOOR P.O, KOTTAYAM DISTRICT ( IMPLEADED AS THE ADDITIONAL RESPONDENT NO. 2 AS PER ORDER IN I.A. NO. 4325/2007 DATED 14-1-2008) BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2007, THE COURT ON 14-01-2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. No.848 of 2003 & Cross Objection No.77 of 2007 ------------------------------------------------- Dated this the 14th day of January 2008 JUDGMENT Harun-Ul-Rashid,J This appeal filed by the State of Kerala is directed against the judgment and decree in L.A.R 27/1999 on the file of the Sub court, Kottayam. The cross objection is filed by the claimant who is the respondent in this appeal. An extent of 16.35 ares of land comprised in Survey No. 462/1-1 in Kothanalloor Village was acquired for the construction of Ettumanoor branch canal. The notification under Section 4 (1) of the Land Acquisition Act was published on 22-12-1995. The land is included in category No.II and the land value fixed by the Land Acquisition Officer is Rs. 9,877/- per are. The properties included in Category No.II are without Panchayath road frontage. 2. In support of the claim for enhanced compensation Aws 1 &2 were examined and Exts A1 A2 & C1 Commission report were produced and marked. No witnesses were examined on the side of the respondent nor any documents were marked. The court below concluded that the materials on record were not sufficient to conclude that the land acquired is of better category and similar with that of Ext. A1. After considering the lie of the property and the criterion followed in Ext. A1; the court below is of the view that the claimant is entitled to more land value taking into account the importance of the land as revealed from the materials available. The L.A.A. No. 848 of 2003 -2- & Cross Objection No.77 of 2007 court below granted an increase of 60% more than the land value fixed by the Land Acquisition Officer. The court below held that the claimant in entitled to get enhanced compensation at the rate of Rs. 5,924/- per are over and above the land value fixed by the Land Acquisition Officer with all statutory benefits. 3. According to the claimant the acquired land lies on the western side of Kottayam-Ernakulam main road. There were two panchayath roads having a width of 12 feet from the main road passing adjacent to the northern and southern sides of the acquired land and that the acquired property is in an important locality and that there are several public institutions like schools, banks, offices, industries, temples and churches which are situated within a distance of ½ km from the acquired property. There are bus services to all major places plying through the Kottayam- Ernakulam main road and that the claimant is entitled to Rs.60,000/- per cent. The claimant also claimed compensation for injurious affection since the acquired land severs his balance property having an extent of 1 ½ cents. Hence Rs. 75,000/- was claimed on that count. In his claim statement the claimant has also claimed Rs. 20,000/- for the construction of compound wall for protecting the remaining property. That was also not allowed by the court below. Granting of 60% increase in land value over and above the land value fixed by the Land Acquisition Officer is challenged by the State in this appeal. Considering the fact that the property is located near to Kottayam -Ernakulam main road and its nearness to many public institutions it cannot be said that the enhancement L.A.A. No. 848 of 2003 -3- & Cross Objection No.77 of 2007 granted by the court below is unfair or improper. We agree with the reasons stated by the court below for granting enhancement in the facts and circumstances of the case and therefore we find that there is no merit in the appeal filed by the State of Kerala. 4. The Commissioner in Ext. C1 report stated that the property is part of a larger extent facing Kottayam-Ernakulam main road. The acquired land is a rear portion of the property facing main road. The learned Government Pleader contended that the Commissioner has not shown specific descriptions of any of the properties involved in Ext.A1, that the distance from the main road to the acquired land is 250 meteres and that roads as reported in the mahazar have come into existence after the publication of Section 4 (1) notification. 5. The Land Acquisition Officer has fixed Rs. 24,700/- per are for the land facing main road.. According to the claimant when 60% enhancement is granted, the price of the acquired land per are would come to Rs.39,520/- as against Rs. 15,801/- now fixed by the court below. We are mindful of the fact that the acquired land forms part of a larger extent owned by the claimant facing Kottayam-Ernakulam main road for the reason that the acquired land is on the rear portion of the larger extent and the further fact that this property is lying at a distance of 250 meteres away from the main road. We are of the view that there is no justification to claim the same value awarded for category No.I. Considering the fact that the acquired property forms part of a larger extent having main road L.A.A. No. 848 of 2003 -4- & Cross Objection No.77 of 2007 frontage we are of the opinion that 50% of Rs. 39,520/- will be just and adequate compensation for the acquired land. Accordingly we fix the land value at Rs. 19,760/- per are. 6. The Commissioner in Ext. C1 has also reported that an extent of 3 Cents of land has been virtually rendered useless on account of the construction of the canal through the acquired land. In the claim statement filed by the claimant it is stated that the extent of property rendered useless is 1 ½ Cents. There cannot be any doubt that this small extent is injuriously affected consequent to the acquisition. We are of the view that the cross objector is entitled to 1/3 of the value of 1 ½ cents towards injurious affection 7. In the result, the appeal fails and accordingly dismissed. The cross- objection is partly allowed by modifying the decree and judgment. The land value for the acquired land is re-fixed at Rs. 19,760/- per are and the claimant is entitled to 1/3 of the land value at Rs.19,760/- per are towards compensation for the injurious affection for 1 ½ cents. There will be no order as to costs. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es L.A.A No. 848 of 2003 -5- Cross Objection No. 77 of 2007 The following sentences are incorporated before the last sentence in the judgment dated 14.1.2008 in LAA 848/03 and Cross Objection No.77/07. “The claimant will be entitled to statutory benefits such as solatium on the enhanced compensation, interest thereon, increase under Section 23(IA)of the Act and interest on the same and interest on the enhanced compensation and the respondent in the Cross Objection is directed to grant all these statutory benefits” Judgment corrected vide order dated 11.6.2010 in I.A.No1668/2010 in LAA848/03. Sd/- Registrar(Judicial)