IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 LA.App..No. 145 of 2001(A) -------------------------- LAR.153/1997 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT/CLAIMANT: ------------------------ SOSA, W/O VARGHESE, MOOKANOTTIL, IRIMPANAM REPRESENTED BY POWER OF ATTORNEY HOLDER, ABRAHAM, S/O VARGHESE, MOOKANOTTIL IRIMPANAM. *ADDL.APPELLANT M.V.ABRAHAM, S/O. VARGHESE, MOOKANOTTIL HOUSE, IRIMPANAM DESOM, THIRUVANKULAM VILLAGE, KANAYANNOOR TALUK. *(IMPLEADED AS ADDL.APPELLANT AS PER ORDER ON I.A.No.1572/03 IN LAA.145/01 DATED 24.9.03). BY ADV. SRI.K.K.JOSEPH SRI.K.J.GEORGE SRI.A.V.GEORGE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA 2. I.O.C.LTD., HAVING ITS REGISTERED OFFICE AT G-9, ALIYAVUR JUNG MARG BANDRA EAST, MUMBAI – 51, ITS COCHIN MARKETING TERMINAL AT IRIMPANAM REPRESENTED BY ITS PROJECT MANAGER AND POWER OF ATTORNEY HOLDER. BY GOVT.PLEADER SHRI K.V.MANOJ KUMAR FOR R1 ADV. SRI.P.SANTHALINGAM FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2008, ALONG WITH LAA NO.176 OF 2001 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH AND HARUN-UL-RASHID JJ. --------------------------------------------------- L.A.A.Nos.145/01, 176/01, 211/01 and 372/01 ----------------------------------------------------- DATED THIS THE 14TH DAY OF MARCH, 2008 J U D G M E N T Kurian Joseph, J. These are appeals filed by the claimants aggrieved by the fixation of land value by the 3rd Additional Sub Court, Ernakulam. Acquisition is for the purpose of erecting an oil tank. The property is situated on the eastern side of Irumpanam-Kalamassery road (presently known as the Airport-Seaport road). Section 4(1) notification was issued on 19.12.1994. Eight years prior to the said acquisition, Bharath Petroleum, another oil company had acquired some property on the western side of the same road for the very same purpose. There is no dispute that both the properties were identical at the time of acquisition, that is, marshy land without any road frontage. In the 1986 acquisition for the Bharat Petroleum Corporation Ltd., such land was classified under category No.4 whereas the equivalent category in the 1994 notification for acquisition for Indian Oil Corporation, it was category No.6 as can be seen from Exhibit A1 judgment in L.A.A.Nos.145/01, 176/01, -2- 211/01 and 372/01 L.A.R.No.153/97. It is seen from Annexure A1 judgment that for the property having Irumpanam-Kalamassery road frontage having the same nature and lie as marshy land, the value was Rs.10,550/- per Are. In the case of acquisition for the Indian Oil Corporation also, the value has been first fixed in respect of property having Irumpanam- Kalamassery road frontage. Proportionate to the distance from the road, the value has been reduced for the interior property. Since the Land Acquisition Officer and the reference Court in the 1986 acquisition has taken the yardstick of reducing 30% from the value of the property having Irumpanam-Kalamassery road frontage for the purpose of fixation of land value for the 4th category, it is only just and proper that the same approach is adopted in this case also. If that be so, the value come to Rs.7,385/- per Are. Viewed from another angle also, it can be seen that the land value for the interior marshy land in the 1986 acquisition for the BPCL was Rs.2,500/- per Are. If the well accepted principle of 15% increase per year is calculated at compound rates, then also the value would be more than 7,350/-, the value now claimed in the appeal. 2. On going through the judgment we find that the reference Court has not properly appreciated the case of the claimants/appellants for proper fixation of the land value. According to the reference Court, L.A.A.Nos.145/01, 176/01, -3- 211/01 and 372/01 there was no evidence available to establish a case of steady increase of the land value ever since 1986. But the fact remains that for the property of identical nature and lie in 1986, the value fixed was Rs.10,550/-. If that be so, with the yardstick of 30% for reducing the value for the disadvantage of having no road frontage, the value would be Rs.7,385/-. There is no dispute regarding the property being similar and similarly situated. They are situated on the eastern and western side of the road and the nature and lie is marshy. Therefore, we do not find any justification in not granting the land value at the rates now sought for in the appeals @ Rs.7,350/- per Are, such value being just, fair and proper. Accordingly, the appeals are allowed. The appellants shall be entitled to have the value of the land fixed at Rs.7,350/- per Are along with the statutory benefits. The amounts already received would be duly adjusted. No costs. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. dsn