IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 LA.App..No. 683 of 2004() ------------------------- LAR.81/1997 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/CLAIMANT: -------------- PALACE ADMINISTRATION BOARD, TRIPUNITHURA, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.JOSEPH FRANKLIN SMT.NIMMI FRANKLIN RESPONDENT(S)/RESPONDENT: --------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL THAHSILDAR (LA) CORPORATION OF COCHIN, CORPORATION OFFICE, VYTTILA, COCHIN-19. 2. CORPORATION OF KOCHI, CORPORATION OFFICE, VYTTILA, COCHIN-19. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R2 BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 2/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 683 of 2004 --------------------------------------------- Dated: JULY 2, 2009 JUDGMENT Barkath Ali, J. In this appeal by the claimant, the judgment and decree of the 3rd Addl. Sub Court, Ernakulam in LAR 81/1997 dated December 20, 2003 awarding enhanced compensation at the rate of Rs.93810/- per Are is challenged. 2. 52.01 Ares of land comprised in Sy.Nos.750 and 1561 of Ernakulam village was acquired for constructing the new office building of the Corporation of Cochin. Sec.4(1) notification was published on 4.4.1987. Advance possession was taken on 29.9.1984. The land acquisition officer has fixed the land value at Rs.66,740/- per Are i.e. Rs.27,009/- per cent. Dissatisfied by the award, the claimant sought reference under sec.18 of the Land Acquisition Act. The reference court fixed the land value at Rs.1,65,550/- per Are i.e. Rs.66,997/- per cent. The claimant has claimed land value at the rate of Rs.3,68,000/- per cent i.e. Rs.9,09,328/- per Are. L.A.A. 683 of 2004 2 3. Initially Aws.1 to 4 were examined and Exts.A1 to A12 were marked on the side of the claimant. No evidence was adduced on the side of the 1st respondent/State. The reference court by judgment dated September 27, 1999 fixed the land value at Rs.72,460/- per Are i.e. Rs.29,324/- per cent. Against that judgment the requisitioning authority filed LAA 477 of 2000 before this Court and this court by judgment dated June 20, 2003 set aside that award and remanded the case for fresh disposal with a direction to implead the Corporation of Kochi, who is the requisitioning authority as 2nd respondent. In pursuance of that remand order, additional 2nd respondent was impleaded. After the remand Aws.5 and 6 were examined and Ext.A13 was marked. 4. Sri Joseph Franklin, learned counsel for the appellant/claimant, contended that the enhancement granted by the reference court is quite inadequate and without any basis. On the other hand, Sri Basant Balaji, learned senior Government Pleader, would contend that the compensation granted by the land acquisition authority is not excessive. 5. The only point which arises for consideration is whether L.A.A. 683 of 2004 3 the claimant is entitled to further enhancement of the land value. The point 6. The land acquisition officer fixed the land value at the rate of Rs.66,740/- per Are based on sale deed No.153/1985 dated January 14, 1985 of SRO, Ernakulam. The land comprised in the basic documents is situated at a distance of about 6 furlongs away from the acquired property. As there were buildings in that property and that the value of the buildings is not shown separately, the lower court did not accept the same. 7. Ext.A2 is a certified copy of sale deed No.444/1989 dated 9.2.1989. The lower court rejected the same as it is a post notification document. Ext.A3 is a copy of sale deed No.2382/1991 dated 9.7.1991. As the said sale deed is of the year 1991, four years after the publication of sec.4(1) notification, the reference court did not accept the same. Ext.A4 is a certified copy of sale deed No.947/1972 dated 6.5.1972. The lower court did not accept the same as the same was executed 7 years prior to the date of sec.4(1) notification. Ext.A5 is a certified copy of judgment of the reference court in LAR 460/1987 with respect to the properties acquired by the L.A.A. 683 of 2004 4 same notification wherein enhancement of land value was granted from Rs.76,973/- per Are to Rs.1,23,550/- per Are. Ext.A6 is a copy of the judgment of this Court in LAA 853/1992 dated 7.1.1997 wherein this Court further enhanced the land value to Rs.1,60,550/- per Are. AW.3, the claimant in Ext.A5 case, has testified that the property described in that document is situated in a more important locality. Ext.A7 is a certified copy of the sale deed No.1340/1997 dated 29.3.1997. The lower court did not accept the same as the property comprised in Ext.A7 is situated in a more important locality. Ext.A8 is the letter issued by the Income Tax Officer, Kochi to the counsel for the claimant, dated 23.8.1999 relating to the sale of 23.234 cents of land for Rs.85,80,000/-. The sale was confirmed on 5.1.1994. The lower court did not accept the same as the property covered under Ext.A8 is situated in a more important locality. Ext.A9 is the certified copy of report of the commissioner in LAR 34/1997 dated 20.10.1999 regarding the importance of the locality of the acquired property. The commissioner as AW.6 would say that the acquired property has road frontage and that the property comprised in LAR 34/1997 L.A.A. 683 of 2004 5 which is adjacent to the acquired property has more prominence than the acquired property. Ext.A10 is copy of an agreement for sale dated 4.7.2002 which was rejected by the reference court as the said agreement was executed about 15 years after the publication of sec.4(1) notification. Ext.A11 is a proceeding of the District Collector dated 11.12.1998 by which land value was fixed for the ground rent. As Ext.A11 was executed about 7 years after the date of sec.4(1) notification, the same was not accepted by the trial court. Ext.A12 is a copy of sale agreement dated 20.8.1993 and Ext.A13 is a copy of sale deed dated 18.6.1999. Those were also rejected by the trial court as the same were executed long after the publication of the sec.4(1) notification. 8. The reference court fixed the land value on the basis of Exts.A5 and A6. Ext.A5 is the judgment of the reference court in LAR 460/1987 dated 12.4.1991 with respect to the property acquired under the same sec.4(1) notification. In that case enhancement was granted from Rs.76,973/- per Are to Rs.1,23,550/- per Are. On an appeal this court in LAA 853/1992 enhanced the land value to Rs.1,60,550/-. Ext.A6 is the certified L.A.A. 683 of 2004 6 copy of the judgment in that appeal dated 7.1.1997. Therefore the reference court fixed the land value in this case also as the same. 9. In our opinion the land value fixed by the reference court appears reasonable and the same represents the market value of similar lands prevailing in that locality during the publication of sec.4(1) notification. That being so, the appeal has to be dismissed holding that the claimant is not entitled to nay further enhancement of the land value. In the result, the appeal is dismissed. No costs. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-