IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 LA.App..No. 1088 of 2008() -------------------------- LAR.194/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANTS RESPONDENTS. ---------------------- 1. THE SPECIAL TAHSILDAR (LA), KOZHIKODE. 2. THE ASSISTANT ENGINEER, PWD BRIDGES SECTION, CALICUT - 20. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. RESPONDENT: CLAIMANT. ---------------------- A.M.MUHAMMED, S/O. ABOOBACKER, KOTTAVAYIL HOUSE, P.O.KARUVANTHURUTHY. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO.1088 OF 2008 ---------------------------------------------------------------- Dated this the 3rd day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal by the State is directed against the judgment and decree dated 28.11.2007 in L.A.R. No.194 of 2001 on the file of the Principal Sub Court, Kozhikode. The extent of land acquired is 3.9536 cents. Acquisition is for the purpose of construction of Karuvanthuruthy- Chaliyam bridge. Section 4(1) notification is dated 5.8.1996. The Land Acquisition Officer awarded land value at the rate of Rs.8,846/- per cent. This was enhanced and refixed at Rs.20,000/- per cent by the reference court. This reference case was jointly tried along with eight other reference cases and a common judgment was passed. According to the claimant, the acquired property is situated in a fast developing area of Feroke Panchayat in Kozhikode District. It is also pleaded that commercial establishments, banks, Co-operative societies, Post Office, schools Panchayat office, reading rooms and health centres are situated near the acquired property. Apart from that, Higher Secondary School, Police Station, telephone Exchange, Forest Office, Federal Bank, hospitals, L.A.A.NO.1099/2008 2 tile factories, fisheries offices, E.S.I. Hospital, Sub Registrar's Office etc. are situated within 2 Kms. from the acquired property. The claimant also contended that Feroke railway station, Karuvanthuruthi ferry, and Beypore Fishing Harbour are situated within 1 1/2 Kms. from the acquired property and that the acquired property is situated 8 Kms. away from Calicut city. Considering the high potentiality of the acquired land, the claimant claimed that the property would have fetched Rs.75,000/- per cent. He also claimed value for improvements and claims under other heads. 2. The claimant was examined as AW.1 and Exts.A1 and A2 were marked on his side. Ext.X1 series are the commission report and sketch. AW.1 had spoken about the importance of the locality and the potential value of the property under acquisition. According to AW.1, the properties including the property covered by L.A.R. No..194 of 2001 are situated on the side of Kozhikode-Karuvanthuruthy road. He also spoke about the nearness of the acquired land to various institutions and its accessibility to some important roads. It is also pointed out that Feroke- Beypore and Chaliyam towns are situated at a distance of 1.5 Kms. from the acquired property. AW.1 also tendered evidence regarding the location of the property and its nearness to many institutions including L.A.A.NO.1099/2008 3 those mentioned in the preceding paragraphs. AW.1 also stated that the acquired land is situated at Karuvanthuruthi town which is a fast developing area in Kozhikode. It is contended that the land value fixed by the Land Acquisition Officer is low considering the importance of the locality, the potentiality of the land and its proximity to the town. The claimant also pointed out that the basis land is situated in an unimportant interior area about 5 Kms. away from the acquired property whereas the acquired property is situated in the heart of Karuvanthuruthi town. He also spoke about other plus factors regarding the acquired property. 3. In support of the claim for enhanced compensation, the claimant produced Exts.A1 and A2. Ext.X1 series are court exhibits. Ext.A1 is the certified copy of the common judgment in L.A.R. No.121 of 2001 and connected cases. The properties covered by Ext.A1 are also acquired for the same purpose. Section 4(1) notification date in Ext.A1 is also the same, that is, 5.8.1996. The evidence adduced would show that both the lands are situated adjacently on both sides of Karuvanthuruthi river. Ext.A2 is a sale deed executed on 19.10.1995. According to AW.1, the property covered by Ext.A2 is situated 100 metres away from the acquired property. The Advocate Commissioner who conducted site inspection reported that the properties involved in Exts.A1 and A2 are L.A.A.NO.1099/2008 4 situated 200 metres away from Karuvanthuruthi town in a remote area. The Commissioner further reported that the acquired property is situated within the limits of Karuvanthuruthi town having direct road access. The Advocate Commissioner after conducting local enquiry assessed the land value of the acquired property between Rs.40,000 to Rs.60,000/- per cent. Since the centage value assessed by the Commissioner was not based on any evidence, the court below rightly held that the report of the Commissioner cannot be accepted as such. The court below also noticed the fact that the respondents did not adduce any evidence in support of their case that the value awarded by the Land Acquisition Officer is just and reasonable. The court below on a comparison of the properties concluded that the acquired property is far better than the properties covered by Exts.A1 and A2. 4. After taking into consideration the value shown in Exts.A1 and A2, the road facility and nearness of the acquired land to the town, the reference court fixed Rs.20,000/- per cent as value of the acquired land. At the same time, the court below held that in the absence of convincing evidence, the claimant is not entitled to get enhanced rate of compensation for structures, kuzhikoors, injurious affection or for severance. The reference court fixed the land value at the rate of Rs.20,000/- per cent after L.A.A.NO.1099/2008 5 taking into consideration all relevant aspects. We do not find any reason to interfere with the determination of land value by the reference court. The appeal is without any merit and it is accordingly dismissed. I.A. No.2406 of 2008 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1099/2008 6 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1088/2008 JUDGMENT 3rd July, 2008