IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 LA.App..No. 1235 of 2008() -------------------------- LAR.142/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENTNO.1 --------------------- STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), COCHIN REFINERIES, VYTTILA. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW RESPONDENTS: CLAIMANT AND 2ND RESPONDENT ---------------------------------------- 1. P.J.VARGHESE, PUTHENMADOM HOUSE, THATTARAMBALAM P.O, MAVELIKARA, P/A.HOLDER RAJAN KADAVIL MATHEW AND SMT. ELIZABETH RAJAN MATHEW AND SMT.ELIZABETH RAJAN MATHER, KADAVIL HOUSE, OLASSA P.O.AYMANAM, KOTTAYAM. 2. THE MANAGING DIRECTOR, KINFRA, KINFRA HOUSE ANNEX, T.C.9/2585, ELANKOM GARDENS, VELLAYAMBALAM, TRIVANDRUM. BY ADV. SRI. G.S. RAGHUNATH SC FOR KINFRA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2008 ALONG WITH L.A.A. NO.1238, 1240, 1255, 1260 & 1276 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NOS. 1235, 1238, 1240, 1255, 1260, & 1276 OF 2008 ---------------------------------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Applications Nos.1281 of 2008 in L.A.A.No.1235, 2008, 1284 of 2008 in L.A.A. No.1238 of 2008, 1286 of 2008 in L.A.A. No.1240 of 2008, 1307 of 2008 in L.A.A. No.1255 of 2008, 1312 of 2008 in L.A.A.No.1260 of 2008 and 1338 of 2008 in L.A.A. No.1276 of 2008: These are applications for condonation of delay in filing the respective appeals. 2. The appeals filed by the State of Kerala are directed against the judgment and decree of the reference court in various Land Acquisition References by which the reference court granted additional compensation for the lands acquired. The properties in question are acquired for expansion of KEPIP for KINFRA. Notification under Section 4(1) of the Land Acquisition Act is dated 24.10.2003. The properties are comprised in different Survey Nos. of Kakkanad Village, Kanayannur Taluk. For the purpose of passing the award, the Land Acquisition Officer classified the L.A.A.NO.1235/2008 & CONNECTED CASES 2 acquired lands in ten categories, the details of which are as follows: Category No.I : Dry land having access from MLA road on the west. Category No.II : Dry land with access from 12 to 15 meters wide private tarred road. Category No.III : Dry land with access from untarred private road. Category No.IV : Dry land without any access. Category No.V : Nilam with access from untarred way as well as from private way. Category No.VI : Wet land without access. Category No.VII : land lying as thodu or lake with access from private way. Category No.VIII : Wet land lying as thodu without way. Category No.IX : Wet land without way lying at a higher level. Category No.X : Private land lying as road. The extent of land acquired in the above cases is below 20 Ares. The details of the lands acquired are given below: L.A.R.No.142/2005 (L.A.A.No.1235/2008) : 10.24 Ares L.A.R.No.150/2005 L.A.A.NO.1235/2008 & CONNECTED CASES 3 (L.A.A.No.1238/2008) : 4.05 Ares L.A.R.No.76/2005 (L.A.A.No.1240/2008) : 5.12 Ares L.A.R.No.152/2005 (L.A.A.No.1255/2008) : 2.08 Ares L.A.R.No.73/2005 (L.A.A.No.1260/2008) : 5.12 Ares L.A.R.No.193/2005 (L.A.A.No.1276/2008) : 3.24 Ares The lands acquired in the above cases come under Category Nos.1 to IV. The land value fixed by the Land Acquisition Officer for Category Nos.1 to IV are as follows: Category No.I : Rs.54,098/- per Are Category No.II : Rs.50,916/- per Are Category No.III : Rs.47,734/- per Are Category No.IV : Rs.44,552/- per Are Since the lands acquired in the above cases come under Category Nos.1 to IV, it is not necessary to mention the details of the price in respect of Category Nos.V to X. The reference court, on a consideration of all the L.A.A.NO.1235/2008 & CONNECTED CASES 4 relevant facts and circumstances and the evidence on record refixed the land value for Category Nos. I to IV as follows: Category No.I : Rs.94,600/- per Are Category No.II : Rs.86,000/- per Are Category No.III : Rs.81,700/- per Are Category No.IV : Rs.75,039/- per Are In the case of Category No. III, the reference court deducted 5% from the value fixed for Category No.II. 3. This Court by judgment dated 17.7.2008 in L.A.A. No.310 of 2007 and connected cases held that the market value arrived at by the reference court is just and reasonable. This Court dismissed the appeals holding that the grounds raised in the appeals filed by the State and the Requisitioning Authority (KINFRA) are not sufficient to record a divergent finding or to take a contrary view from the one taken by the reference court. The above appeals are also filed on the same ground. The properties covered by these cases are also acquired for the same purpose and covered by the very same notification. In view of the L.A.A.NO.1235/2008 & CONNECTED CASES 5 dismissal of L.A.A. No.310 of 2007 and connected, there is no merit in these appeals. In the result, the applications for condonation of delay and the Land Acquisition Appeals are dismissed. The applications for stay filed in the above appeals are also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1235/2008 & CONNECTED CASES 6 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NOS. 1235, 1238, 1240, 1255, 1260 1276/2008 JUDGMENT 30th July, 2008 L.A.A.NO.1235/2008 & CONNECTED CASES 7