IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 LA.App..No. 726 of 2010() ------------------------ LAR.246/2008 of II ADDL.SUB COURT, THIRUVANANTHAPURAM .............. APPELLANT / RESPONDENT NO.1 IN LAR : ------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADVS. SRI. P.C. IYPE, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER SRI. T.T. JOSEPHINE RESPONDENTS / CLAIMANT AND RESPONDENT NO.2 IN LAR : ----------------------------------------------------------------------------------------- 1. DR. SINDHU, D/O. LATHIKA KUMARI, TC 4/1846, KAMALAS, KURAVANKONAM, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.DEVAN RAMACHANDRAN R2 BY ADV. SRI. M. RAJAGOPALAN NAIR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2011, ALONG WITH LAA 754 OF 2010 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 ------------------------------- Dated this the 18th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. These are all appeals preferred by the Government challenging the refixation of the compensation awarded by the Land Acquisition Officer for the properties in Kowdiar village acquired for the purpose of development of Pattom- Kowdiar route. The relevant Section 4(1) notification was published on 30.10.2004 in the cases corresponding to L.A.A.Nos.1108 of 2010, 754 of 2010, 1056 of 2010, 726 of 2010 and 1182 of 2010. But in case corresponding to L.A.A.No.1122 of 2010, the above notification was published on 10.8.2004. While in the case pertaining to L.A.A.No.492 of 2011, the same was published on 16.9.2004. In all the cases except the cases relating to L.A.A.No.1056 of 2010, the Land Acquisition Officer 2 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 awarded land value at Rs.2,13,408/- per Are. The reference court decided four L.A.A. cases pertaining to L.A.A.Nos.754 of 2010, 726 of 2010, 1122 of 2010 and 1182 of 2010 by a common judgment. The other cases were decided by separate judgments. In all these cases, the reference court relied on a sale deed document, numbered as 707 of 2007, a post notification document pertaining to property in Vanchiyoor village. This document which was relied on by the reference court in another cases pertaining to acquisition for the development of Pazhavangadi overbridge, which reflected a land value at Rs.28 lakhs per cent. Apart from that, the common judgment in L.A.A.No.2508 series of 2010 was also relied on. A copy of the common judgment in L.A.A.No.30 of 2005 of this Court fixing the land value at Rs.9 lakhs per cent was also before the court. The value so refixed in all these cases were at Rs.30 lakhs per are. We had occasion to decide some of these appeals preferred against such refixation and we refixed the land value at a uniform rate of Rs.22 lakhs. The 3 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 Government preferred review petitions questioning the correct market value of the properties in question. Those judgments were recalled and that is how all these appeals are before us again. 2. Smt.T.T.Josephina, learned Government Pleader made very fervent submissions based on the various grounds raised. Learned Government Pleader drew our attention to judgments of this Court in L.A.A.Nos.2008 of 2008, 263 of 2009, 467 of 2008, 462 of 2010, 1096 of 2010, 617 of 2010 and 278 of 2010. She submitted that all the above cases except L.A.A.No.1096 of 2010, pertains to acquisition of land in Vanchiyoor village. According to learned Government Pleader, land in Vanchiyoor village of Trivandrum Taluk is more valuable and important than lands in Kowdiar village. Learned Government Pleader's argument was that this Court by various judgments referred to by her refixed the value of lands in Vanchiyoor village at rates of Rs.21,60,000/- per are, Rs.16,16,000/- per are and Rs.18,00,000/- per are only. If that be so, there is no 4 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 justification for refixing the value of the lands involved in these cases at a rate above Rs.16,16,000/- per are. She also pointed out that in those cases where this Court had awarded the value of land at Rs.24 lakhs per are for property in Vanchiyoor village, the Land Acquisition Officer had awarded a rate of Rs.4,52,835/- per are. In terms of percentage of enhancement, if the refixation of the market value at Rs.22 lakhs per are, is done as earlier, the same will result in the claimants/respondents getting enhancement by much higher percentage than what was awarded to the parties in L.A.A.No.2008 of 2006. She pointed out that the property in L.A.A.No.2008 of 2006 was situated very close to Spencer junction, which was more valuable and important than the properties involved in these cases. 3. The submissions of Smt.Josephina were very stiffly opposed by the learned counsel appearing for the respondents, especially Sri.Lal George and by Sri.Devan Ramachandran. Mr.Lal George would draw our attention to 5 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 judgment of this Court in L.A.A.No.1204 of 2010. He submitted that the above L.A.A. was in respect of property in Kowdiar village itself and the parties to acquisition were also the same. Under that judgment which has attained finality, this Court has refixed the value of property, for which the Land Acquisition Officer awarded only Rs.1,10,533/- per are, at Rs.24 lakhs per are. Learned counsel took exception to the argument of the learned Government Pleader that, land in Kowdiar village did not have so much of value as land in Vanchiyoor village. According to the learned counsel, the property in L.A.A.No.1204 of 2010 pertains to properties situated very close to Pattom junction which is in Kowdiar village. According to the learned counsel, Kowdiar village, Vanchiyoor village, Manacaud village and Thycaud village have areas which are the most important areas of Thiruvananthapuram. The village-wise differentiation in the matter of value and importance will not be justified. In every village there may be important 6 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 areas and unimportant areas. Learned counsel pointed out that all the properties under acquisition in these appeals were enjoying frontage of Pattom- Kowdiar road and it was for widening the existing road that the properties were acquired. 4. We have anxiously considered the rival submissions addressed at the Bar. We have a quick reappraisal of the evidence available on record in all these cases. 5. We are in agreement with the submissions of learned Government Pleader that the rate of Rs.30 lakhs per are fixed by the reference court is excessive. But the question is as to what extent the same should be reduced. As already indicated, in a previous occasion we considered and decided some of these appeals and allowed them by refixing the value at Rs.22 lakhs per are. According to us, the rate of Rs.22 lakhs fixed by us earlier is quite reasonable. Learned Government Pleader's arguments are based on two basic premises. The first is that, there is a presumption that Land Acquisition Officers fix the values 7 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 correctly. The second is that the value of properties in Kowdiar village is less than the value of properties in Vanchiyoor village. The 1st premise is wrong. There is no presumption that Land Acquisition Officers while passing the award, will fix the correct value of lands under acquisition. Section 18 of the Act providing for reference and determination of the correct market value by the court on the basis of such a reference itself will show that the Land Acquisition Officer's award is only an offer which may or may not be accepted by the party. It is a matter of common knowledge that, correct market value is fixed in most of the cases by the court on the basis of a full fledged enquiry conducted, as if in a suit. We have also noticed several instances where the Land Acquisition Officers have awarded ridiculously low amounts for very valuable properties as a result of which courts become obliged to enhance the land value steeply. 6. The other premise on the basis of which the learned Government Pleader addressed submissions, is also 8 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 not correct. Vanchiyoor village, Kowdiar village, Thycaud village and Manacaud village are all villages situated within the area of the City Corporation of Trivandrum. In all these villages there are important and not so important localities. The value of property in these villages will also vary from locality to locality and on the basis of nearness to important institutions and establishments within the city. We notice that in all these cases the properties were enjoying direct frontage of the Pattom-Kowdiar road. It is for widening the existing road that these properties were acquired. We agree with the action of the learned Sub Judge in not relying on Ext.A2, which was a post notification document. Even eschewing Ext.A2 document of sale deed No.707 of 2007 from consideration, the other evidence available on record were sufficient enough in refixing the market value of the lands atleast at Rs.22 lakhs per are. In this connection, we keep in mind various judgments passed by this Court pertaining to acquisition of land within the Trivandrum city. According to us, the market value of the 9 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 lands under acquisition can be reasonably fixed at Rs.22 lakhs per are. The result of the above discussions are as follows :- All these appeals are allowed by setting aside the judgments and decrees appealed against. We refix the value of lands under acquisition at Rs.22 lakhs per are. It is needless to mention that the appellants will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and under Section 28 of the Land Acquisition Act, on the total refixed compensation. The appeals are allowed with proportionate cost to the Government. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/ 10 L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 The 5th line in the last paragraph of the common judgment dated 18/08/2011 in L.A.A.726/2010 is suo motu corrected by deleting the word “appellants” and substituting the same by the word “claimants” as per order dated 10/04/2012 in L.A.A. Sd/- Registrar (Judicial)