IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 LA.App..No. 1088 of 2009 ---------------------------- LAR.166/2007 of SUB COURT, PALA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. P.M.MATHEW, PARAMKULANGARA HOUSE KEEZHAMPARA KARA, KONDOOR, BHARANANGANAM, AMBARANIRAPPEL, PALA. 2. JOHNSON MATHEW, S/O. MATHAI, PARAMKULANGARA HOUSE, KEEZHAMPARA KARA, KONDOOR, BHARANANGANAM, AMBARANIRAPPEL, PALA. BY ADV. SRI.T.J.MICHAEL SRI.JOSE MATHEW (KAVALAKALAM) RESPONDENT(S)/RESPONDENT: ---------------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOTTAYAM. SR. GOVT. PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, A/W LAA.1200/09 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.1088, 1200, 1251, 1325, 1466 & 1467 of 2009 ------------------------------------------------ Dated this the 18th day of January, 2011 JUDGMENT Pius C. Kuriakose, J All these are appeals preferred by the claimants in respect of acquisition of their lands in Bharananganam village pursuant to Section 4(1) notification published on 30/06/04. For the properties involved in LAA.1325/09 corresponding to LAR.168/07, the Land Acquisition Officer awarded land value at the rate of Rs.15987/- per Are. For the properties involved in LAA.1088/09 corresponding to LAR.166/07, the Land Acquisition Officer awarded land value at the rate of Rs.16,748/- per Are. For the properties involved in LAA.1200/09 corresponding to LAR.162/07, the Land Acquisition Officer awarded land value at the rate of Rs.16,748/- per Are. For the properties involved in LAA L. A. A. No.1088/09 & con. cases -2- 1251/09 corresponding to LAR.141/07 the Land Acquisition Officer awarded land value at the rate of Rs.15,987/- per Are. For the properties involved in LAA.1466/09 corresponding to LAR.149/07, the Land Acquisition Officer awarded land value at the rate of Rs.15,987/- per Are. For the properties involved in LAA.1467/09 corresponding to LAR.156/07, the Land Acquisition Officer awarded land value at the rate of Rs39,418/- per Are. All the 17 cases including these cases were enquired into jointly and the Reference Court under the impugned common judgment re-fixed the value of the lands under acquisition at a uniform rate of Rs.45,000/- per Are. 2. In these appeals various grounds are raised challenging the judgment of the Reference Court. Sri.T.J.Michael, the learned counsel for the appellants addressed arguments based on all those grounds. According L. A. A. No.1088/09 & con. cases -3- to him, the market value re-fixed by the court is far below the correct market value of the property at the relevant time. Very strong reliance was placed by Sri.Michael on the common judgment of this Court in LAA.1012/09 and connected cases to which one among us [PCK(J)] is party. It is submitted that under the common judgment, this Court has uniformly re-fixed the value of identical landS at Rs.85,000/- per Are. The learned counsel requested that all the appeals be allowed at least to the extent of re-fixing the value of land at Rs.85,000/- per Are. 3. All the submissions of Sri.Michael were very forcefully resisted by the learned Government Pleaders Smt.R.Bindu and Smt.T.T.Josephina. They submitted that it is not correct to place reliance on the common judgment in LAA.1012/09 which were all cases in respect of properties just in front of the various religious establishments at L. A. A. No.1088/09 & con. cases -4- Bharananganam. The properties have become all the more valuable due to the impending canonisation of Rev. Sister Alphonsa. These properties are situated, according to the learned Government Pleaders at a distance of more than one kilometre to the east of Bharananganam. Properties to the east of Bharananganam are having only lesser value. In reply Sri.Michael submitted that the properties acquired for this project i.e. upgradation of the road from Ettumanoor to Pala are equally important and valuable in the stretch from Pala to Eerattupetta. Hence, there is every justification for awarding the same. Counsel also referred to Section 28A of Land Acquisition Act and submitted that for properties awarded the same value by the Land Acquisition Officer, justice demands that the court also fixes more or less the same value. 4. We have very anxiously considered the rival L. A. A. No.1088/09 & con. cases -5- submissions addressed at the Bar. We have gone through the judgment of this Court in LAA.1012/09 series. The submission of the learned Government Pleaders that the rate of Rs.85,000/- per Are came to be fixed for the properties involved in LAA.1012/09 series taking into account the special importance and value of the properties situated in front of the various religious establishments at Bharananganam is substantially correct. We are also sure that the value of properties situated one or more kilometres to the East of Bharananganam junction will be below the value of the properties situated at Bharananganam junction. At the same time, we notice that the common judgment in LAA.1012/09 has probative value while deciding the correct market value to be awarded to the properties in question. The determination of market value of land acquired for public purposes by the Reference Court and by this Court in L. A. A. No.1088/09 & con. cases -6- appeal will involve a little bit of guess work and evaluation of imponderables. The court can only strive to arrive at a value which is fair to both sides. This is normally being done on the basis of the values reflected in comparable sales documents. The judgment of the Reference Court and Appellate Court in reference pertaining to acquisition of similar lands also will be of assistance. 5. Having appreciated the materials which were available before the court below and the common judgment in LAA.1012/09, we are of the view that the market value of the properties involved in LAA.1467/09 corresponding to LAR.156/07 can be uniformly fixed at Rs.85,000/- per Are. It is so fixed. Similarly, the market value of the properties in LAA.1325/09 corresponding to LAR.168/07 is fixed at Rs.55,525/- per Are. This we have done maintaining the ratio maintained by the Land Acquisition Officer between the L. A. A. No.1088/09 & con. cases -7- values of the properties in LAA.1467/09 and L.A.A.1325/09. Similarly, on the same reasoning the values of properties in LAA Nos.1251/09 and 1466/09 are also fixed at Rs.55,525/- per Are. At the same time, we find that the properties in LAA Nos.1088/09 and 1200/09 are eligible to be awarded a still higher value than the properties in LAA.1325/09. For these properties, we re-fix the value at Rs.58,500/- per Are. 6. All the appeals are allowed to the above extent. The appellant in LAA.1325/09 is eligible for some more compensation for the buildings which existed on that property. Applying the principle that construction of building adopting the PWD schedule of rates is not a realistic proposition, that appellant is awarded a further amount of Rs.28,825/- more as compensation for the building. All the appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section L. A. A. No.1088/09 & con. cases -8- 28 of the Land Acquisition Act. However, while calculating the interest under Section 28, the Section will have due regard to the conditions imposed by this Court by the orders condoning the delay caused in the matter of filing the appeals. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-