IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 LA.App..No. 1323 of 2007 ---------------------------------- LAR.3/2004 of DISTRICT COURT, LAKSHADWEEP .................... APPELLANT/RESPONDENT -------------------------------------- THE LAND ACQUISITION COLLECTOR, THE DEPUTY COLLECTOR (HQ), U.T. OF LAKSHADWEEP, KAVARATTI. BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN. RESPONDENTS/CLAIMANTS ---------------------------------------- 1. PATTAKAL ATTABI, U.T. OF LAKSHADWEEP, ANDROTT. 2. PATTAKAL JUMAILATHBI, -DO- 3. PATTAKAL SAYED LIYAVUDHEEN, -DO- 4. PATTAKKAL FUSUL HINAYA, -DO- 5. PATTAKKAL ABDUL SALAM, -DO- 6. PATTAKKAL IRFAN PARVEEN, -DO- BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, & Harun-ul-Rashid, JJ. ------------------------------------------ L.A.A.No.1323 of 2007 ------------------------------------------ Dated, this the 18th day of June, 2009 JUDGMENT Kurian Joseph, J. This is an appeal filed against the judgment and decree in L.A.R.No.3 of 2004 on the file of the District Court, Lakshadweep. This Court had occasion to consider the case leading to the judgment dated 24.3.2008 by which the matter was remanded to the Reference Court on the ground that the relied on judgment in L.A.R.No.1 of 2002 had already been set aside. However, by allowing R.P.No.838 of 2008, we have recalled the judgment on the ground that the judgment in L.A.R.No.1 of 2002 has actually not been relied on by the Reference Court. 2. The acquisition in the instant case is for a timber yard in Lakshadweep for the purpose of the Public Works Department in Androth. Section 4(1) notification is dated L.A.A.No.1323 of 2007 - 2 - 26.7.2002. The Land Acquisition Officer fixed the land value at Rs.211.14 per sq.mtr. The Reference Court fixed the land value at Rs.212/- per sq.mtr. So far as the timber value is concerned, there is enhancement to Rs.10812/- from Rs.5406.46 and one Batham tree also has been given value to the tune of Rs.3000/-. In the grounds of appeal, we do not find any grievance with regard to the enhancement given to the timber value. Therefore, we confine our consideration to the grounds on land value alone. 3. The main contention taken in the appeal is that the land value fixed at Rs.812/- per sq.mtr. is highly unreasonable and disproportionate to the actual land value available in the area at the relevant time. It is also contended that if the enhancement is sustained that would amount to 400 per cent enhancement in the land value. Still further it is contended that Exts.A6 and A7 are documents of the year 2003 and the same cannot be relied on in fixing the land value at Rs.812/- per sq. mtr. Yet another contention is that Ext.A2 is situated in an interior place. Even if all those contentions are accepted also the fact remains that Ext.A1 is L.A.A.No.1323 of 2007 - 3 - part of the very same property covered by the present acquisition. That transaction is in the year 1996 and that was in respect of 100 sq.mtr. and the value fixed is Rs.600 per sq.mtr. That sale was for the purpose of setting up a mozque. If the well settled principle of progressive escalation is taken by way of enhancement at the rate of 15% per year, the value would be Rs.1050/- per sq.mtr. No doubt Exts.A6 and A7 are of the year 2003, and the acquisition is in July, 2002. It is also to be noted that Exts.A2 to A4 transactions are in the year 2001. Thus on an overall assessment of the evidence available in the case, it cannot be said that the fixation made by the Reference Court is in any way unjust and unreasonable. The land value awarded by the Reference Court reflected the actual land value going by the transactions of the year 1996 and the previous year 2001. The indication also is not otherwise going by the transaction in the year 2003. Thus we are of the view that the Land Acquisition Officer has not made a proper fixation of the land value while passing the award and hence the Reference Court was justified in fixing the market value L.A.A.No.1323 of 2007 - 4 - at the rate of Rs.812/- per sq.mtr. which in our view is the just and proper land value available at the relevant time. Hence, we do not find any merit in the appeal and accordingly it is dismissed. Kurian Joseph, Judge Harun-ul-Rashid, Judge vns