IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 LA.App..No. 631 of 2005() ------------------------- LAR.1/2000 of SUB COURT,THODUPUZHA .................... APPELLANT(S)/ADDITIONAL 2ND RESPONDENT IN L.A.R.: ---------------------------------------- FOOD CORPORATION OF INDIA, REP. BY THE SENIOR REGIONAL MANAGER, TRIVANDRUM. BY ADV. SMT.V.P.SEEMANDINI, SC, FCI SRI.M.R.ANISON RESPONDENT(S)/CLAIMANT & 1ST RESPONDENT IN LAR: -------------------------------------------- 1. THOMAS THOMAS, VELAMKUNNEL HOUSE, ARAKULAM P.O., THODUPUZHA TALUK. 2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, IDUKKI. ADV. SRI.K.S.BABU FOR R1 SMT.N.SUDHA FOR R1 BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2009, ALONG WITH LAA NO.700/2005 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.631, 700 & 702 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2009 JUDGMENT Barkath Ali, J. L.A.A.No.631/2005 is directed against the judgment of the Sub Court, Thodupuzha in L.A.R.No.1/2005 dated 05/01/2005. L.A.A.No.700/2005 is directed against the judgment in L.A.R.No.2/2000 and L.A.A.No.702/2005 is directed against the judgment in L.A.R.No.3/2000. The appellants in all these cases are Food Corporation of India which is the requisitioning authority. The lower court has disposed of all the three LARs by a common judgment. All these properties are adjoining properties and were acquired under a common notification for a common purpose. 2. Initially AWs 1 to 13 were examined and Exts.A1 to A19 were marked on the side of the claimants. On the side of the respondent/state RW1 was examined, Exts.B1 to B13 were marked. Exts.X1 and X2, Ext.C1 to C3 were also marked. By a common judgment dated March 18, 2003, the reference court granted LAA.Nos.631, 700 & 702 of 2005 2 enhancement. On the ground that requisitioning authority - the Food Corporation of India was not made a party to the proceedings, this court in W.P.(C)No. 26880/2003 , 26917/03 and 26916/2003 by judgments dated December 2, 2003 set aside the judgment of the reference court and remanded the matter for fresh consideration after impleading the Food Corporation of India as a respondent. After remand, Food Corporation of India was impleaded as additional second respondent by the reference court. AWs 1 to 13 who were examined earlier were recalled and cross examined by the additional second respondent. RW2 was examined on the side of the second respondent. AWs 14 and 15 were also examined and Exts. A 20 to 23(a), Exts.R1 to R22 and Exts.C3 (a) and Exts.X1, X3 were also additionally marked. 3. In all these cases, lands were acquired under the same Section 4(1) notification dated 15-5-1996 for the construction of the godown of Food Corporation of India. In L.A.R.No.1/2000, 0.74 Hectars i.e. 1.82 Acres in RS.No.309/8 of Arakulam village was acquired. In L.A.R.No.2/2000 1.0895 Hectares i.e. 2.69 Acres in LAA.Nos.631, 700 & 702 of 2005 3 R.S.No.309/ 1 & 7 of Arakulam village was acquired. In L.A.R.No.3/2000 1.0730 Hectares i.e.2.65 Acres in R.S.No.310/1 of Arakulam village was acquired. The land acquisition officer in L.A.R.No.1/2000 awarded land value at the rate of Rs. 10750/- per cent ( Rs. 26563/- per Are). In L.A.R.No.2/2000 as well as in L.A.R.No.3/2000, the land acquisition officer awarded land value at the rate of Rs. 8750/- per cent ( i.e. 21621/- per Are). In L.A.R.Nos. 1/2000, 2/2000 and 3/2000 Rs. 3,10,000/-, Rs. 6,50,000/- and Rs. 7,00,000/- respectively were awarded for the buildings. 4. The land acquisition officer fixed land value based on the documents marked as Exts.R14 to R18 which were rejected by the reference court as those were executed three year's prior to the date of Section 4(1) notification. The claimants produced Exts.A7 to A12 and A15 sale deeds. The reference court rejected Exts.A7, A8 and A10 as post notification documents and Exts.A9, A11 and A12 as the value shown therein shows exaggerated sale values. The reference court relied on Ext.A15 sale deed dated 30/05/1996 which is in respect of land in Arakulam village about 3 Km. away from the acquired land LAA.Nos.631, 700 & 702 of 2005 4 showing a sale consideration of Rs. 1,85,000/- i.e. Rs. 23,125/- per cent. The reference court taking into consideration the importance of the locality in which the lands mentioned in Ext.A15 is situated and the fact that Ext.A15 is dated 30-05-1996 while Section 4(1) notification is dated 15-5-1996, gave a reduction of 40% and fixed the land value at the rate of Rs. 13,875/- in L.A.R.No.1/2000. In L.A.R.Nos. 2/2000 and 3/2000 taking into consideration that those lands are having no main road approach, 20% reduction has been made from the land value fixed in L.A.R.No.1/2000 and the reference court has fixed land value at Rs. 11,100/-. For the value of buildings enhancement of Rs. 33,525/-, Rs. 344,315/- and Rs. 1,46,621/- were granted in L.A.R.Nos. 1/2000, 2/2000 and 3/ 2000 respectively. 5. We have gone through the evidence adduced by both parties and the documents produced by them before the reference court. We are of the view that the approach made by the reference court is reasonable and that in our view the reference court has granted appropriate market value for the land. We find that the value fixed for the buildings by the reference court is reasonable. The reference court LAA.Nos.631, 700 & 702 of 2005 5 has given convincing reasons for rejecting the basis documents as well as other documents produced by the claimants and for relying on Ext.A15 sale deed. Therefore, we do not find any ground to interfere with the impugned judgments. That being so, all the three appeals are liable to be dismissed. In the result, all the above three appeals are dismissed without any order as to costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.Nos.631, 700 & 702 of 2005 6