IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, 11TH FEBRUARY 2008 /22ND MAGHA 1929 LA.App..No. 12 of 2005() ------------------------ LAR.452/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT: ----------- KARUVATH GOPIKRISHNAN, S/O.LATE GOVINDAN, AGED 66 YEARS, `GOVINDA BHAVAN', YOGASALA ROAD, TALAP, KANNUR. BY ADV. SRI.P.M.PAREETH SMT.M.SONA RESPONDENTS: ------------- 1. THE SPL. TAHSILDAR, LA, RAILWAY, KANNUR. 2. DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2008, ALONG WITH L.A.A. 1384 OF 2005 THE COURT ON 11-02-2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ L.A.A.No. 12 & 1384 of 2005 ------------------------------------------- Dated this the 11th day of February 2008 JUDGMENT Harun-Ul-Rashid,J The above appeals are filed by the claimant and State of Kerala respectively challenging the judgment and decree dated 30-6-2004 in L.A.R. 452/2001 on the file of the Sub court Thalassery. The property was acquired for the purpose of doubling of railway track for the Railways. Section 4(1) notification was dated 25-05-2000. The extent of land acquired for the said purpose is 14.34 Ares in Kannur village. The Land Acquisition officer awarded land value at the rate of Rs.16,000/- per Cent. On reference, the court below re-fixed the land value at the rate of Rs. 28,000/- per Cent. Aggrieved by the quantum of compensation fixed by the court below L.A.A. 1384/2005 was filed by the State of Kerala complaining that the enhancement allowed in excessive and exorbitant. The claimant has also challenged the quantum of compensation. The claimant examined himself as AW1 and produced documents marked as Exts. A1 to A38. Ext.X1 report of the Commissioner was also marked. There was no evidence adduced by the respondents. The Commissioner reported that the acquired property is situated at a distance of 200 meters away from the Kannur Municipal bus stand, that the Telephone Exchange, Municipal Stadium Complex, Municipal Office, District Co-operative bank, L.A.A. Nos. 12 & 1384 of 2005 -2- Court complex , Kannur Collectorate , K.S.R.T.C. Bus stand, Town hall, Civil Station etc. are situated within a radius of 1 kilometer away from the acquired property and that there were many shops situated within a radius of 10 meters of the acquired property. Before the Reference court the claimant claimed that the compensation awarded by the Land Acquisition Officer is very low considering the market value prevailing in the area. According to him, the market value of 1 Cent of land in this area at the time of notification was more than Rs. 3,00,000/- The Commissioner had inspected the basic land as well as the property covered by documents Exts A3 to A38 and reported that there properties are similar. 2. We find that the extent covered by Exts. A3 to A38 are small bits of land having an extent of 3/8 cents each. The sale deeds are executed in favour of the vendees who have purchased portions of building space in a multi-storeyed commercial complex. The practice followed by the builders who built up multi-storeyed commercial complex and flats is that they used to value the building space and property together and fix the market value for the land. Thus the land value shown in such documents cannot be taken as the market value of a property which a willing purchaser pays to a willing vendor. Other reasons are also stated by the reference court for not comparing the acquired land with the properties covered by A3 to A38 documents. At the L.A.A. Nos. 12 & 1384 of 2005 -3- same time we have also noted the fact that the properties are situated in a commercially important locality in Kannur town. The evidence shows that the property is situated near to the heart of the Kannur Town and very near to the Municipal Bus stand, Railway station and that important buildings and office complexes are within a radius of 1 kilometer from the acquired land. 3. L.A.R. 19/2003 relates to property acquired for the same purpose under the same notification. The reference court re-fixed the land value at the rate of Rs. 35,000/- per cent. In that case as well the reference court re-fixed the land value on the basis of locational importance of the property and Ext. X1 commissioner's report submitted. In that case also the claimant has raised the same contention that the acquired land is situated in the heart of Kannur town and the new Municipal Bus Stand, Railway Station, the newly constructed municipal shopping complex, Municipal office, Town Hall, Telephone Bhavan, Head Post Office, Kannur District Co-operative Bank, Municipal Stadium Complex, Collectorate and the Civil station are within a radius of 2 furlong. On a comparison between these two properties we find that the acquired land is located in the same locality having commercial importance and is a fast developing area Taking into account all relevant factors mentioned above we re-fix the land value at the rate of Rs. 35,000/- per Cent in this case as in L.A.R. 19/2003. L.A.A. Nos. 12 & 1384 of 2005 -4- 4. The claimant has also sought enhanced value for the structures and improvements in the property. The reference court held that “ unfortunately for the claimant there is no evidence on his side”. Therefore no enhancement was granted by the reference court for the structures and improvements in the property. The Land Acquisition Officer awarded Rs. 60,774/- for the structures. In several other connected cases we have awarded 30% over and above the value fixed by the Land Acquisition Officer for the reason that P.W.D. Rate fixed by the Land Acquisition Officer on the basis of valuation reports from P.W.D. authorities, may not reflect the market rate of structures. . In the circumstances we are of the view that 30% increase for the structures in the property can be granted to the claimant . In the result, L.A.A. 12/2005 is partly allowed. The Land value is re- fixed at the rate of Rs. 35,000/- per Cent . The claimant is also entitled to 30% over and above the value fixed by the Land Acquisition officer for the structures in the property. L.A.A 1384/ 2005 filed by the State is dismissed. There will be no order as to costs. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es