IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 LA.App..No. 1644 of 2007() & CROSS OBJECTION NO. 11 OF 2008 -------------------------- LAR.308/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: APPLICANT/APPELLANT/RESPONDENT NO.1 ----------------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (L.A.), INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR RESPONDENTS: CLAIMANTS AND 2ND RESPONDENT IN THE LAR ------------------------------------------- 1. K.INDIRA DEVI, USHUS, TC 31/128, CHACKAI, THIRUVANANTHAPURAM. 2. WILLIAM VINAYAN RAJ, USHUS, TC 31/128, CHACKAI, THIRUVANANTHAPURAM. 3. JOB JYOTHI RAJ, USHUS, TC 31/128, CHACKAI, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. BY ADV. SRI.LAL GEORGE SRI.K.L.NARASIMHAN SRI.V.SANTHARAM THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2008, ALONG WITH CO NO. 11 OF 2008 THE COURT ON 19/03/2008 DELIVERED THE FOLLOWING: ORDER IN I.A. NO.4285 OF 2007 IN L.A.A. NO.1644 OF 2007. DISMISSED 19.3.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/- HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 1644 OF 2007 & CROSS OBJECTION NO.11 OF 2008 ---------------------------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT Harun-Ul-Rashid, J. The appeal and cross-objection are filed by the State and the claimants respectively challenging the judgment and decree dated 20.1.2007 in L.A.R. No.308 of 2003 on the file of the I Additional Sub Court, Thiruvananthapuram. 2. The property under acquisition having an extent of 6.80 Ares in Survey No.485/5 of Pettah Village is acquired for the construction of International Passenger Terminal. Section 4(1) notification was published on 4.2.1999. The Land Acquisition Officer fixed land value at Rs.91,867/- per Are including the acquired land under Category No. III. The first claimant was examined as AW.1 and Ext.A1 was marked on their side. Exts.R1 to R4 were marked on the side of the respondent, but no oral evidence was adduced. The first claimant contended before the reference court that the categorisation made by the Land Acquisition Officer is wrong and that the property ought to have been included in Category No.II. The reference court examined the categorisation made by the Land L.A.A.NO.1644/2007 & Cross Objection No.11/2008 2 Acquisition Officer. The lands under acquisition are categorised as Category Nos. I to XIII. After considering the characteristics and features of the land, the reference court found that the categorisation was correctly made and rejected the contention of the claimants in that regard. 3. The claimants produced Ext.A1 sale deed in order to substantiate their contention that the acquired land would fetch a higher value than what was fixed by the Land Acquisition Officer. Ext.A1 sale deed relates to 2.22 Ares of land of the same village. The total consideration paid for the land and the building is Rs.8,00,000/-. Rs.3,50,000/- is mentioned as the value of the building in the property. On a comparison, the reference court found that the land covered by Ext.A1 has got similar characteristics and features of the land involved in Category No. III. Taking into account the value shown in Ext.A1 sale deed, the reference court refixed the land value of the acquired land at Rs.1,50,000/- per Are. 4. Learned counsel appearing for the cross-objectors-claimants submitted before us that the land value as per Ext.A1 is Rs.2,02,702/- per Are and that the court below having found that the acquired land and the land covered by Ext.A1 are similar and similarly situated , there is no L.A.A.NO.1644/2007 & Cross Objection No.11/2008 3 justification in denying the value of Ext.A1 property for the acquired land. Counsel also brought to our notice Annexure A1 judgment in L.A.R. No.173 of 2003 which relates to acquisition of 4.08 Ares of land in Survey No.485/4 of Petta village for the purpose of expansion of International Air Port. In that reference case also, the reference court relying on Ext.A1 sale deed held that the property covered by Ext.A1 and the acquired land in that case are similar and similarly situated and fixed land value at the rate of Rs.2,00,000/- per Are. Counsel also pointed out that the court below has unjustifiably denied 12% additional compensation in land value under Section 23(1A) of the Land Acquisition Act for the period from 4.3.1999 to 4.1.2001 (672 days) for the reason that there was a stay order from this Court in O.P. Nos.4036 of 1999, 9708 of 1999 and 7386of 2000. 5. We have perused the orders in those cases and we find that dispossession of land belonging to the petitioners in those cases alone was stayed. The claimants in this case are not parties in those Original Petitions and the acquisition proceedings in this case was not stayed in the above said Original Petitions. From the facts and circumstances, we are of the view that there is no justification for the reference court to deny the land value shown in Ext.A1 sale deed and also 12% additional L.A.A.NO.1644/2007 & Cross Objection No.11/2008 4 compensation in land value under Section 23(1A) of the Land Acquisition Act. We find that in respect of similar acquisition, the reference court relied on Ext.A1 sale deed and fixed land value at the rate of Rs.2,00,000/- per Are. In this case, though the reference court held that the property covered by Ext.A1 and the acquired land are similar and similarly situated, the court refixed land value only at Rs.1,50,000/- per Are. In the above circumstances, we find that the cross-objectors who are the claimants are entitled to land value at the rate of Rs.2,00,000/- per Are and also 12% additional compensation in the land value from 4.3.1999 to 4.1.2001 (672 days). In the result, L.A.A. No.1644 of 2007 is dismissed. Cross-objection No.11 of 2008 is allowed. The cross-objectors are entitled to land value at the rate of Rs.2,00,000/- per Are and also 12% additional compensation on the land value from 4.3.1999 to 4.1.2001, less the amount awarded by the reference court. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1644/2007 & Cross Objection No.11/2008 5 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO.1644/2007 & CROSS OBJECTION NO.11/2008 JUDGMENT 19TH MARCH, 2008