IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 LA.App..No. 1670 of 2007() -------------------------- LAR.112/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANTS: RESPONDENTS: ---------------------- 1.STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2.THE EXECUTIVE ENGINEER, PWD, NH DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMED ANZAR. RESPONDENT: CLAIMANT: ---------------------- VASANTHI, D/O.BHARGAVI, NO.2, B2, HEERA APARTMENTS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008 ALONG WITH L.A.A.NO.852/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NOS. 1670 OF 2007 & 852 OF 2008 ---------------------------------------------------------------- Dated this the 19th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. C.M. Application Nos.2031 of 2007 in L.A.A. No.1670 of 2007 and 946 of 2008 in L.A.A. No.852 of 2008: These are applications to condone the delay of 127 days and 396 days respectively in filing the appeals. The appeals are directed against the judgment and decree in L.A.R. Nos.112 of 2003 and 94 of 2003 respectively on the file of the I Additional Sub Court, Thiruvananthapuram. The State of Kerala is the appellant in both the appeals. 2. The extent of property involved in L.A.R. No.112 of 2003 is 1 Are in Pattom Village and in L.A.R. No.94 of 2003 is 0.65 Ares in Ullur Village. The properties are acquired for the purpose of widening the road from Kesavadasapuram to Mannanthala. Section 4(1) notification is dated 28.4.1999 and 30.3.1998 respectively. The Land Acquisition Officer fixed land value at the rate of Rs.3,18,416/- per Are for the property in L.A.R. No.112 of 2003 and at Rs.1,28,562/- per Are for the property in L.A.R. No.94 of 2003. L.A.A.NOS.1670/2007 & 852/2008 2 3. Aggrieved by the land value fixed by the Land Acquisition Officer, the claimants in both the cases approached the reference court. The claimant in L.A.R. No.112 of 2003 contended that the land value fixed by the Land Acquisition Officer is far below the market value prevalent at the time of acquisition. The claimant also contended that the acquired land lies on the side of the National Highway in a very important locality and that there are many public and private institutions near the acquired land. She further contended that the importance of the locality was not considered by the Land Acquisition Officer while fixing the land value. According to her, the acquired land would fetch between Rs.13,00,000/- and Rs.17,50,000/- per cent. Ext.A2 judgment in L.A.R. No.219 of 1998 was also relied on by the claimant in support of her claim for enhancement. 4. L.A.R. No.112 of 2002 was tried along with three other cases. Before the court below AWs.1 to 4 were examined on the side of the claimant and Exts.A1, A2 and A3 series were marked. On the side of the respondents Exts.R1 to R5(c) were marked. Exts. X1, X1(a) and X1(b) are valuation statements. The claim on the basis of the valuation statements L.A.A.NOS.1670/2007 & 852/2008 3 were declined by the reference court stating that the documents produced by AW.5 is not at all credible and reliable. The claim for diminution in land value caused to the unacquired portion of the land and building was negatived by the reference court stating that due to the widening of the road, the area had developed as a result of which the land value has considerably gone up and hence it cannot be stated that widening of the road diminished the value of the existing structures and the remaining portion of the land. The reference court also found that there was no similarity between the acquired land and the land covered by Ext.A2 and held that Ext.A2 cannot be relied on for fixing the land value of the acquired land. Considering the commercial importance of the locality where the acquired land is situated and the oral evidence tendered by AW.1, the reference court held that the land value fixed by the Land Acquisition Officer does not reflect the real value of the land at the time of acquisition and that the basic document does not reveal the exact value of the land. The court below examined Ext.A1 sale deed and on evidence held that the acquired land lies in a commercially important locality and is similar to the land covered by Ext.A1, that both the properties are lying adjacent to the National Highway and have similar characteristics. After giving 15% increase for the time lag between the date of execution of the L.A.A.NOS.1670/2007 & 852/2008 4 sale deed and the date of Section 4(1) notification, the reference court fixed land value at Rs.6,10,493/- per Are. 5. The claimant in L.A.R. No.94 of 2003 relied on the judgments in L.A.R. Nos 11 of 2002 and 15 of 2002 in support of her claim for enhancement of land value. For the property covered by L.A.R. No.11 of 2002, the Land Acquisition Officer had fixed land value at the rate of Rs.1,40,605/- per Are which was enhanced to Rs.2,00,000/- per Are by the reference court. The property under acquisition and the property covered by L.A.R. No.11 of 2002 are acquired for the same purpose. The reference court, finding that the acquired land and the property covered by L.A.R. Nos.11 of 2002 and 15 of 2002 have similar characteristics and features, fixed land value at the rate of Rs.2,00,000/- per Are for the acquired land. 6. Fixation of land value by the reference court in both these reference cases was arrived at after considering all the materials on record and the importance of the locality where the properties are situated. The acquisition is for the purpose of widening one of the main roads of Thiruvananthapuram city. We find that the land value fixed by the reference court in both the cases is just and reasonable and requires no L.A.A.NOS.1670/2007 & 852/2008 5 interference. The applications for condonation of delay and the appeals are accordingly dismissed. I.A. No.4360 of 2007 in L.A.A. No.1670 of 2007 and I.A. No.1925 of 2008 in L.A.A. No.852 of 2008 are also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NOS.1670/2007 & 852/2008 6 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NOS. 1670/2007& 852/2008 JUDGMENT 19th August, 2008 L.A.A.NOS.1670/2007 & 852/2008 7