High Court of KeralaDivision BenchCommon Judgment allowing the appeals to the ext...
L.A.A.No.521 of 2015 & connected cases (Common Judgment)
Case / Petition Number:L.A.A.No.521 of 2015 & connected cases
Neutral Citation:/
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P.B. Suresh Kumar
- P.G. Ajithkumar
- Judgment Date
- 2023-10-11
- Court Decision / Holding
- The appeals are allowed to the extent of fixing market value per category. Category-wise market values are set as: A Rs 6,59,010 per Are; B Rs 5,99,100 per Are; C Rs 5,39,190 per Are; D Rs 4,49,325 per Are, with solatium and statutory benefits. Ext A6 and similar post-notification/negotiated-purchase bases are not accepted for determining earlier-notified acquisitions. All pending applications are closed. The orders regulate compensation in line with proximity to Kaduthuruthy Town and road access, and reject the court’s earlier reliance on unsuitable exemplars.
- Final Disposition
- Common Judgment allowing the appeals to the extent specified; fixing category-wise market values and payment of statutory benefits; other relief denied/adopted as per the rates; pending applications closed.
Parties to the Case
Appellants / Petitioners
- STATE OF KERALA represented by the District Collector, Kottayam
- THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM
- THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM
Respondents
- FR. ZACHARIAS ATTAPATTU
- ROSAMMA W/O JOSEPH
- JAIMON CYRIAC
- FR. VIKAR (Kaduthuruthy Thazhathupally)
- SANKARAN NAMBOOTHIRI
- LISAMMA
- KUNJACHAN K.K.
- FR. VARKEY
- PAULOSE P.M.
- ABRAHAM
- MATHEW ELAKKATTU
- GEORGE
- BABY JOSEPH
- JOSEPH (Varieties)
Legal Representation & Advocates
Counsels for Petitioners
- • Sri.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
Counsels for Respondents
- • Sri.DOMSON J.VATTAKKUZHY
- • Sri.MATHEW JOHN K
- • Sri.MATHEW DEVASSY
- • Sri.ABY J AUGUSTINE
- • Sri.P.T.ABHILASH
Case Synopsis & Summary
This is a batch of Land Acquisition Appeals under Section 54 of the Land Acquisition Act, 1894, challenging the Reference Court’s orders in matters arising from the Kaduthuruthy Bypass acquisitions. The High Court of Kerala, in a common judgment rendered by Justices P.B. Suresh Kumar and P.G. Ajithkumar, analyzes whether the Land Acquisition Officer’s market-value prima facie rates (based on Exts R15, R19 and Ext A6) were correct, and whether category changes (A–E) and enhancements were properly made. The court notes that the notifications under Section 4(1) pertain to 2010–2011, while some comparables used by the Land Acquisition Officer were far from Kaduthuruthy Town or had limited road access, thus undermining their relevance. It discusses the principles from several authorities about the date of valuation, post-notification price influence, and the relevance of negotiated/market prices. Ultimately, the court refutes reliance on Ext A6 (a 2014 negotiated purchase) for fixing land values on earlier notifications and accepts certain post-notification comparables, including Ext A3, while applying corrections to categories A–D. The final directive fixes market values per category: A Rs 6,59,010/Are; B Rs 5,99,100/Are; C Rs 5,39,190/Are; D Rs 4,49,325/Are, with statutory benefits, and closes all pending applications.
Provisions of Law Cited
Section 54 of the Land Acquisition Act, 1894Section 4(1) of the Land Acquisition Act, 1894Section 18(1) of the Land Acquisition Act, 1894Section 23(1) of the Land Acquisition Act, 1894
Legal Doctrines & Maxims
- The market value under Section 23(1) should be determined with reference to the date of publication of the Section 4(1) notification; post-notification rises in value should not govern compensation.
- Negotiated purchase prices can be relevant considerations for determining compensation, but long time gaps between notification and sale require different rationale (Rajalakshmi; Maya Devi), and post-notification sales (New Okhla) cannot be sole yardsticks.
- The general principle that avoid reliance on post-notification value unless proximate and directly comparable, to prevent artificial inflation of compensation.
Submissions & Arguments
Contentions of Appellants / Petitioners
The State of Kerala, through the District Collector and LA authorities contended that the Land Acquisition Officer’s fixation of market value predominantly relied on Exts R15 and R19 was misplaced due to lack of proximity and differing development potential. They urged reliance on legitimate, proximate comparables within Kaduthuruthy town, esp. Ext A3, and argued against Ext A6 ( negotiated purchase under a later notification) as basis for compensation for earlier acquisitions. They emphasized the need to adhere to date of notification under Section 4(1) and to avoid post-notification inflation in determining compensation. They urged categorization-based valuations (A–D) be adjusted to reflect road access and town proximity, with a proper yardstick for fresh valuations.
Contentions of Respondents
The claimants argued that the Reference Court’s valuation, including category changes and reliance on various sale deeds and notes to awards, appropriately captured market dynamics in Kaduthuruthy. They defended Ext A6 as a relevant consideration in certain circumstances and contended that proximity to Kaduthuruthy town and PWD road access supported higher values. They urged continued adherence to evidence of local comparables and to allow enhanced compensation with statutory benefits where warranted.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Rajalakshmi v. Special Tahsildar (LA) Koyilandy | AIR 2023 SC 1971 | Mentioned Only | Cited as a proposition that negotiated prices can be relevant but distinguished due to time-gap considerations. |
| Maya Devi (D) Thr.LRs. and others v. State of Haryana and another | AIR 2018 SC 645 | Positive | Used to support the principle that the date of notification under Section 4(1) is the relevant date for determining market value. |
| New Okhla Industrial Development Authority v. Omvir Singh | AIR Online 2022 SC 1166 | Positive | Post-notification sales cannot be the basis for determining compensation for land acquired earlier. |
| Kolkata Metropolitan Development Authority v. Gobinda Chandra Makal & another | AIR 2018 SC 645 | Positive | Affirms that post-notification rise should not be considered in determining market value. |
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Extracted Judgment Text
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP.NO. 521 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.23 OF 2014 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS NO.1 TO 3**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**FR.VICAR ZACHARIAS ATTAPATTU, KADUTHURUTHY, THAZHATHUPALLY(ST. MARYS'S FERONA CHURCH), KADUTHURUTHY P O, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT – 686604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.557/2015, 586/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 557 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.7 OF 2014 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS:**
- **1 ROSAMMA W/O.JOSEPH, MANADIYEL HOUSE, PUTHEN PURACKAL, KADUTHURUTHY P.O, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.**
- **2 BIJU VARGHESE,**
- **S/O.VARGHESE, ERAVELI HOUSE, MUTTATHIPARAMBU P.O, SREEKANDA MANGALAM KARA, THANNIRMUKKAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY POWER OF ATTORNEY HODLER ROSAMMA JOSEPH, W/O.LATE JOSEPH, MANNADIYEL HOUSE,**
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L.A.A.No.521 of 2015 & connected cases
**PUTHEN PURACKAL, KADUTHURUTHY P.O, KADUTHURUTHY VILLAGE, VAIKOM TALK, KOTTAYAM DISTRICT.**
**R1 & R2 BY ADVS. SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 586 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.75 OF 2013 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A), GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**JAIMON CYRIAC,**
**S/O.CYRIAC, CHACKIKUNNEL HOUSE, KADUTHURUTHYP.O. KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
5
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 595 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR**
**NO.69 OF 2013 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**FR.VICAR,**
**KADUTHURUTHY THAZHATHUPALLY (ST MARY'S FERONA CHURCH), KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
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L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 601 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR**
**NO.3 OF 2014 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS NO.1 TO 3:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A.) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **SANKARAN NAMBOOTHIRI,**
**S/O.NEELAKANDAN NAMBOOTHIRI, NEDUNILAM, VELLASSERI, KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER HIS SON-IN-LAW MR.MADHUSOODHAN NAMBOOTHIRI, AGED 43 YEARS, S/O.NARAYANAN NAMBOOTHIRI, MURALEE SADHANAM, AREEPARMBU P.O., MANARCADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT-686019.**
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L.A.A.No.521 of 2015 & connected cases
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
9
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 603 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.13 OF 2014 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS NO.1 TO 3:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**FR.VICAR,**
**KADUTHURUTHY VALIYAPALLY (ST. MARY'S FERONA CHURCH), KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
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L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 609 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 IN LAR NO.15 OF 2014 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **LISAMMA,**
**THUNDATHIL KAROTTU, KADAPPOOR, VATHIKULAM, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM, REPRESENTED BY POWER OF ATTORNEY HOLDER HER BROTHER JOHNSON, ANNADICKAL HOUSE, KOTHANALLOOR PO, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
12
L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 623 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR NO.9 OF 2014 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3 IN LAR:**
- **1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS 1 TO 5 IN LAR:**
- **1 VINOD V.K., VATTANIRAPPEL, KADUTHURUTHY P.O., VELLASSERRY KARA, VAIKOM TALUK - 686 604.**
- **2 PONNAMMA KRISHNAN (DIED) LRs.RECORDED* VATTANIRAPPEL, KADUTHURUTHY P.O., VELLASSERRY KARA, VAIKOM TALUK - 686 604.**
- **3 SANIL BABU, VATTANIRAPPEL, KADUTHURUTHY P.O., VELLASSERRY KARA, VAIKOM TALUK - 686 604.**
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L.A.A.No.521 of 2015 & connected cases
- **4 SUNIL KUMAR, VATTANIRAPPEL, KADUTHURUTHY P.O., VELLASSERRY KARA, VAIKOM TALUK - 686 604.**
- **5 ANILRAJ,**
**VATTANIRAPPEL, KADUTHURUTHY P.O., VELLASSERRY KARA, VAIKOM TALUK - 686 604.**
***IT IS RECORDED THAT RESPONDENTS 1, 3, 4 AND 5 ARE THE LEGAL REPRESENTATIVES OF THE DECEASED 2ND RESPONDENT AS PER THE ORDER DATED**
**22.02.2024 IN IA 1/2024 IN LAA 623/2015.**
**R1 TO R5 BY SRI.DOMSON J.VATTAKKUZHY R1 TO R5 SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 655 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR**
**NO.73 OF 2013 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**J.JOSE S/O.JOSEPH, KURICHIYAPARAMBIL, VELLASSERRYKARA, KADUTHURUTHY P.O., PIN-686604.**
**BY ADVS. SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 661 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR NO.31 OF 2014 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3 IN LAR:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A.), GENERAL KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT IN LAR:**
**KUNJACHAN K.K.,**
**S/O.KURIAN, KURICHIYAPARAMBIL, KADUTHURUTHY P.O., REPRESENTED BY POWER OF ATTORNEY HOLDER, HIS WIFE MAYA KUNJACHAN, RESIDING AT KURICHIYAPARAMBIL HOUSE, VELLASSERRY KARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM-686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
17
L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA,**
## **1945**
**L.A.APP. NO. 662 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR**
**NO.71 OF 2013 OF THE PRINCIPAL SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3 IN LAR:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT IN LAR:**
**FR.VARKEY**
**S/O. OUSEPH, MAMPALLY, KADUTHURUTHY P.O., PIN-686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
19
L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
20
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 667 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR NO.11 OF 2014 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 & 2:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,**
- **KOTTAYAM-686 001.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM-686 001.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**KUNJACHAN.K.K.,**
**S/O KURIAN, KURICHIYAPARAMBIL, KADUTHURUTHY PO, REPRESENTED BY POWER OF ATTORNEY HOLDER HIS WIFE MAYA KUNJACHAN, RESIDING AT KURICHIYAPARAMBIL HOUSE,VELLASSERRY KARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM-686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
21
L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
22
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 686 OF 2015**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR NO.67 OF 2013 OF THE PRINCIPAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
- **1 MATHEW ELAKKATTU HOUSE, VELLASSERY KARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM - 686 604.**
- **2 LILLYKUTTY,**
- **W/O.MATHEW, ELAKKATTU HOUSE, VELLASSERY KARA, KADUTHURUTHY VILLAGE VAIKOM TALUK, KOTTAYAM - 686 604.**
**BY ADVS. SRI.DOMSON J.VATTAKKUZHY**
- **SRI.MATHEW JOHN K**
23
L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
24
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 2 OF 2016**
**AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN LAR**
**NO.83 OF 2013 OF THE PRINCIPAL SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS IN LAR:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER,**
**PWD ROAD, DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT IN LAR:**
**DEVAMANIYAMMA, D/O BHANUMATHIYAMMA, MYALIPUTHENPURA HOUSE, VELLASSERRY KARA, KADUTHURUTHY P.O. KOTTAYAM - 686 604.**
**BY ADV SRI.MATHEW JOHN (K)**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
25
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 179 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.76 OF 2013 OF THE PRINCIPAL SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A.) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **JOSEPH**
**S/O.KURIAN, KURICHIRAPARAMBIL (H), VELLASSERY KARA, KADATHURUTHY P.O., VAIKOM TALUK, KOTTAYAM DISTRICT-686604.**
**BY ADVS.**
**SRI.P.T.ABHILASH**
## **SRI.BABU JOSEPH KURUVATHAZHA**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
26
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 191 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 23.12.2015 IN LAR**
**NO.68 OF 2013 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**GEORGE, S/O. JOSEPH, KURICHIYAPARAMBIL, KADUTHURUTHY P.O, PIN - 686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY**
**SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
27
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 193 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR**
**NO.16 OF 2014 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A.) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**MATHEW VARGHESE**
**PUNCHATHALACKAL, THE POWER OF ATTORNEY HOLDER (SON)OF ROSAMMA VARGHESE, PUNCHATHALACKAL, KADUTHURUTHY P.O,VAIKOM TALUK, KOTTAYAM DISTRICT – 686 604.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
28
L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
29
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 197 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 31.10.2015 IN LAR NO.10 OF 2014 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENT NOS.1 TO 3:**
- **1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A.) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **PROF.JOHN KURIAN**
**S/O. KURIAN, CRRA G-3,CHALAKUZHY ROAD,PATTAM P.O, THIRUVANANTHAPURAM, PIN 695 004, FROM KURICHIPARAMBIL, KADUTHURUTHY P.O.**
**BY ADV SRI.J.HARIKUMAR**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
30
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 214 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 23.12.2015 IN LAR**
**NO.74 OF 2013 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER,**
- **PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**FR.VICAR KADUTHURUTHY THAZHATHUPALLY, KADUTHURUTHY P.O.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
31
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 229 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.66 OF 2013 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS:**
- **1 P.P.JOSEPH, PANACHICKAL HOUSE, (VALLOPPALLIL HOUSE), VELLASSERRY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER ELIZABETH (WIFE), VALLOPPALLIL (PANACHICKAL) HOUSE, VELLASSERY, KADUTHURUTHY P.O. - 686 604.**
## **2 ELIZABETH**
- **W/O. P.P.JOSEPH, PANACHICKAL HOUSE, (VALLOPPALLIL HOUSE), VELLASSERRY, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM DISTRICT – 686 604.**
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L.A.A.No.521 of 2015 & connected cases
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
33
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 273 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 04.06.2016 IN LAR NO.13 OF 2015 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS:**
- **1 BABY JOSEPH,**
- **S/O.JOSEPH, PUTHENPURACKAL, KADUTHURUTHY P.O.-686604.**
- **2 MARRYKUTTY JOSEPH W/O.LATE JOSEPH, PUTHENPURACKAL, KADUTHURUTHY P.O.-686604.**
- **3 LISSY JOSE,**
- **D/O.LATE JOSEPH, W/O.JOHN, PUTHENPURACKAL, KADUTHURUTHY P.O., NOW RESIDING AT PARAYAMPADICKAL HOUSE, VAIKAPRAYAR P.O.**
- **-686142.**
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L.A.A.No.521 of 2015 & connected cases
- **4 SUNI JOSE,**
- **D/O.LATE JOSEPH, W/O.SAJU,PUTHENPURACKAL HOUSE, KADUTHURUTHY P.O., NOW RESIDING AT RATHAPALLI HOUSE, THAZHAVAMKUNNU P.O.-686668.**
- **5 SUJA JOSE**
- **D/O.LATE JOSEPH, W/O.JOLI, PUTHENPURACKAL HOUSE, KADUTHURUTHY P.O., NOW RESIDING AT MADAPALLI HOUSE, MANJOOR P.O.-686603.**
**BY ADVS.**
**SRI.DOMSON J.VATTAKKUZHY SRI.MATHEW JOHN K**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
35
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 293 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 23.12.2015 IN LAR**
**NO.82 OF 2013 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA**
- **REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER,**
- **PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**BABY JOSEPH**
**S/O. JOSEPH, PUTHENPURACKAL, PUTHENPURA HOUSE, KADUTHURUTHY P.O, KOTTAYAM - 686 604.**
**BY ADV SRI.MATHEW JOHN (K)**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
36
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 390 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 19.12.2016 IN LAR NO.4 OF 2015 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS IN LAR:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A.) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS IN LAR:**
- **1 ALEYAMMA @ LEELAMMA D/O. LATE ALEXANDER, W/O. RAMPAL SAINI, MANIMALA VEEDU, VELLASSERRY KARA, KADUTHURUTHY P.O., KADUTHURUTHY VILLAGE, VAIKOM TALUK, KOTTAYAM - 686 604.**
- **2* PENNAMMA G., OLLAPALLI, MANIMALA (H), KADUTHURUTHY P.O., PIN - 686 604.**
37
## L.A.A.No.521 of 2015 & connected cases
- **3* JAMES M. ALEXANDER, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **4* ANNAMMA SIMON PAIMPALIL, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **5* MARTHA ALOYSIUS CHIRAYIL, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **6* MARGRET TOM, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **7* ALEXANDER MANIMALA ALEXANDER, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **8* SARAMMA V.JOHN, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **9* LALLY ALEXANDER, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- **10* ALEXANDER KURUVILA, MANIMALA (H), KADUTHURUTHY P.O. - 686 604.**
- ***IT IS RECORDED THAT RESPONDENTS 2 TO 10 ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER, THE 1ST RESPONDENT, WHO IS ALREADY IN THE PARTY ARRAY, VIDE THE ORDER DATED 04.10.2023 IN MEMO DATED 20.10.2021.**
**BY ADV SRI.MATHEW JOHN (K)**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
38
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 417 OF 2017**
**AGAINST THE JUDGMENT AND DECREE DATED 04.06.2016 IN LAR**
**NO.5 OF 2015 OF THE PRINCIPAL SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS 1 TO 3 IN LAR:**
- **1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR (L.A) GENERAL, KOTTAYAM.**
- **3 THE ASSISTANT ENGINEER, PWD ROAD SECTION, KADUTHURUTHY.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS:**
- **1 SMT.ALEYAMMA [LEELAMMA] D/O. LATE ALEXANDER & ALEKKUTTY, W/O. RAMPAL SAINY, MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **2 PENNAMMA G. OLLAPALLI, MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **3 JAMES M. ALEXANDER, MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
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L.A.A.No.521 of 2015 & connected cases
- **4 ANNAMMA SIMON PAIMPALIL MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **5 MARTHA ALOYSIUS CHIRAYIL, MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **6 MARGRET TOM,**
- **MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **7 ALEXANDER MANIMALA ALEXANDER,**
- **MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **8 SARAMMA V. JOHN,**
- **MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **9 LALLY ALEXANDER,**
- **MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **10 ALEXANDER KURUVILLA, MANIMALA HOUSE, KADUTHURUTHY P.O-686 604.**
- **BY ADV SRI.MATHEW JOHN (K)**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
40
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 243 OF 2018**
**AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.72 OF 2013 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS:**
- **1 THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR, LA(NH), KOTTAYAM,**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **ABRAHAM**
**S/O.VARGHESE, MOOLAYIL HOUSE, KADUTHURUTHY.P.O., VAIKOM TALUK, KOTTAYAM DISTRICT-686 604.**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
41
L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 253 OF 2018**
**AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.18 OF 2014 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS:**
- **1 THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR, LA(NH),KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **LEELMMA THOMAS,**
**W/O LATE THOMAS, MAMPALLIL THADATHIL HOUSE, KADUTHURUTHY.P.O., VAIKOM TALUK, KOTTAYAM DISTRICT - 686 604.**
**BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSI**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 269 OF 2018**
**AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.70 OF 2013 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS:**
- **1 THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR, LA(NH),KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
**C.K.PHILIP, S/O KURUVILA, CHANDURUTHIL**
**HOUSE,MADHURAVELIKARA,MUTTUCHIRA VILLAGE, VAIKOM TALUK, REP.BY POWER OF ATTORNEY HOLDER V.C.THOMAS, S/O. CHACKO, VATTANIRAPPEL HOUSE, KADATHURUTHY P.O, VAIKOM TALUK, KOTTAYAM DISTRICT – 686 604.**
**BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSY SRI.ABY J AUGUSTINE**
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L.A.A.No.521 of 2015 & connected cases
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 271 OF 2018**
**AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.8 OF 2014 OF THE SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS:**
- **1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR, LA (NH), KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS:**
## **PAULOSE P.M.**
**OOLAVALLICKAL HOUSE, KADUTHURUTHY P.O, VAIKOM TALUK, KOTTAYAM DIST - 686604.**
**BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSI SRI.ABY J AUGUSTINE**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 276 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 IN LAR NO.84 OF 2013 OF THE ADDITIONAL SUB COURT, KOTTAYAM**
## **APPELLANTS/RESPONDENTS:**
- **1 THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR, LA, GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
- **BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENTS/CLAIMANTS:**
- **1 GEORGE, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY P.O., VAIKOM TALUK, KOTTAYAM DISTRICT.**
- **2 ROSAMMA, W/O.GEORGE, PARAKKALAYIL VELLUSSERY, KADUTHURUTHY.P.O., VAIKOM TALUK, KOTTAYAM DISTRICT.**
**R1 & R2 BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSI SRI.ABY J AUGUSTINE**
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**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
## **&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 L.A.APP. NO. 277 OF 2018**
**AGAINST THE JUDGMENT AND DECREE DATED 23.12.2015 IN LAR NO.12 OF 2014 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS 1 TO 3:**
- **1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR,KOTTAYAM**
- **2 THE SPECIAL TAHSILDAR,**
- **(LA) GENERAL, KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **ROASAMMA THOMAS**
**W/O THOMAS, MUTTALAMTHIYIL HOUSE, LAKKATTOR PO, KOOROPPADA VILLAGE, KOTTAYAM DISTRICT.**
**BY ADV SRI.MATHEW JOHN (K)**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**&**
**THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR**
**WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945**
**L.A.APP. NO. 279 OF 2018**
**AGAINST THE JUDGMENT AND DECREE DATED 23.12.2015 IN LAR**
**NO.2 OF 2014 OF THE ADDITIONAL SUB COURT, KOTTAYAM APPELLANTS/RESPONDENTS:**
- **1 THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.**
- **2 THE SPECIAL TAHSILDAR, LA(NH), KOTTAYAM.**
- **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM.**
**BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER**
## **RESPONDENT/CLAIMANT:**
## **AUGUSTINE JOSEPH,**
**S/O JOSEPH, ENJAKKATTU HOUSE, KADUTHURUTHY P.O, KADUTHURUTHY, KOTTAYAM DISTRICT – 686604.**
**BY ADVS.**
**SRI.MATHEW DEVASSI**
**SRI.MATHEW JOHN (K) SRI.ABY J AUGUSTINE**
**THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 04.10.2023, ALONG WITH L.A.App.521/2015 AND CONNECTED CASES, THE COURT ON 11.10.2023 DELIVERED THE FOLLOWING:**
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L.A.A.No.521 of 2015 & connected cases
## P.B. SURESH KUMAR & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------------
L.A.A.Nos.521, 557, 586, 595, 601, 603, 609, 623, 655, 661, 662, 667 & 686 of 2015; 2 of 2016; 179, 191, 193, 197, 214, 229, 273, 293, 390 & 417 of 2017 and 243, 253, 269, 271, 276, 277 & 279 of 2018
----------------------------------------------------------------Dated this the 11[th] day of October, 2023
## COMMON JUDGMENT
## P.G.Ajithkumar, J.
The State of Kerala in these appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) challenges the common judgments in a few batches of Land Acquisition References on the files of the Sub Court, Kottayam. The properties of the claimants in these cases and
also a few others were acquired for the construction of Kaduthuruthy Bypass. Notifications under Section 4(1) of the Act in relation to these acquisitions were published on 23.04.2010, 02.11.2010 and 01.01.2011. The Land Acquisition Officer classified the acquired lands as A, B, C, D and E Categories and passed awards. The claimants protested and in the references made under Section 18(1) of the Act, the Reference Court enhanced and refixed the land value. In a few cases, categories were upgraded. Those
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## decisions of the Reference Court are assailed in these
## appeals.
2. The data required to decide these appeals are
given below:
|Sl<br>No|LAA No.|LAR No.|Date of<br>Section 4(1)<br>Notification|Extent<br>in<br>Ares|Cate<br>gory|Conversi<br>on of<br>category<br>if any|Award of<br>LAO per Are|Award of<br>Reference<br>Court per Ares|
|---|---|---|---|---|---|---|---|---|
|1|557/2015|7/2014|01.01.2011|1.98|B||Rs.77,308/-|Rs.6,79,250/-|
|2|586/2015|75/2013|01.01.2011|5.26|B||Rs.77,308/-|Rs.6,79,250/-|
|3|595/2015|69/2013|01.01.2011|8.07|D|A|Rs.50,963/-|Rs.7,41,000/-|
|4|601/2015|3/2014|01.01.2011|5.50|C||Rs.56,626/-|Rs.6,17,500/-|
|5|603/2015|13/2014|01.01.2011|6.75|B||Rs.77,308/-|Rs.6,79,250/-|
|6|609/2015|15/2014|01.01.2011|2.48|D||Rs.50,963/-|Rs.4,94,000/-|
|7|521/2015|23/2014|01.01.2011|19.80|B|A|Rs.77,308/-|Rs. 7,41,000/-|
|8|229/2017|66/2013|02.11.2010|1.47|A||Rs. 87,971/-|Rs.7,41,000/-|
|9|193/2017|16/2014|02.11.2010|9|D|B|Rs. 50,963/-|Rs. 6,79,250/-|
|10|271/2018|8/2014|02.11.2010|4.68|C|B|Rs. 56,626/-|Rs. 6,79,250/-|
|11|243/2018|72/2013|02.11.2010|0.58|A||Rs.87,971/-|Rs.7,41,000/-|
|12|269/2018|70/2013|02.11.2010|1.58|B||Rs.77,308/-|Rs. 6,79,250/-|
|13|276/2018|84/2013|02.11.2010|11.37|B||Rs.77,308/-|Rs. 6,79,250/-|
|14|253/2018|18/2014|02.11.2010|2.03|A||Rs.87,971/-|Rs.7,41,000/-|
|15|179/2017|76/2013|02.11.2010|4.61|B||Rs.77,308/-|Rs. 6,79,250/-|
|16|686/2015|67/2013|23.04.2010|0.04|C|B|Rs. 56,626/-|Rs. 6,17,500/-|
|17|623/2015|9/2014|23.04.2010|1.94|A||Rs. 87,971/-|Rs. 7,41,000/-|
|18|2/2016|83/2013|23.04.2010|0.04|C|B|Rs. 56,626/-|Rs. 6,17,500/-|
|19|655/2015|73/2013|02.11.2010|9.31|D||Rs. 50,963/-|Rs. 4,94,000/-|
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## L.A.A.No.521 of 2015 & connected cases
|20|661/2015|31/2014|23.04.2010|16.88|C|A|Rs. 56,626/-|Rs. 7,41,000/-|
|---|---|---|---|---|---|---|---|---|
|21|662/2015|71/2013|23.04.2010|0.82|A||Rs. 87,971/-|Rs. 7,41,000/-|
|22|667/2015|11/2014|23.04.2010|0.04|C|A|Rs.56,626/-|Rs. 7,41,000/-|
|23|191/2017|68/2013|02.11.2010|3.24|C|B|Rs. 50,963/-|Rs. 6,79,250/-|
|24|293/2017|82/2013|02.11.2010|0.83|B||Rs. 77,308/-|Rs. 6,79,250/-|
|25|277/2018|12/2014|02.11.2010|0.36|A||Rs. 87,971/-|Rs. 7,41,000/-|
|26|214/2017|74/2013|02.11.2010|1.02|B|A|Rs. 77,308/-|Rs. 7,41,000/-|
|27|279/2018|2/2014|02.11.2010|0.20|B||Rs. 77,308/-|Rs. 6,79,250/-|
|28|273/2017|13/2015|02.11.2010|8.54|A||Rs.87,971/-|Rs.7,41,000/-|
|29|390/2017|4/2015|01.01.2011|21.83|B||Rs.77,308/-|Rs.6,17,500/-|
|30|197/2017|10/2014|02.11.2010|3.83|A||Rs. 87,971/-|Rs.7,41,000/-|
|31|417/2017|5/2015|02.11.2010|2.47|B||Rs.77,308/-|Rs.6,79,250/-|
## 3. From the data furnished above, it can be seen that
the court below enhanced and refixed land value categorywise in common. Each batch of cases was disposed of as per separate common judgments. In a few cases, categories were changed. The appellant challenges both the enhancement in the land value as well as the category change.
4. Heard the learned Special Government Pleader and the learned counsel appearing for the respondents in the respective appeals.
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5. The appellant although assailed the orders of the reference court allowing category change in some of the cases, namely, L.A.Appeals No. 595 of 2015, 521 of 2015, 193 of 2017, 271 of 2018, 686 of 2015, 2 of 2016, 661 of 2015, 667 of 2015, 191 of 2017 and 214 of 2017, no sustainable reason has been pointed out. The court below considered the materials on record before ordering such a category change. Having gone through the records, we find no reason to interfere with the said findings. Therefore, the contention of the appellant that requires consideration is concerning enhancement in the market value alone.
6. The independent evidence tendered in all these L.A.Rs. is common. Some of the claimants got themselves examined and also examined advocate commissioners. Since the same documents have been produced in all the L.A.Rs., the documents as exhibited in L.A.R.No.15 of 2014, on which has arisen L.A.A.No.609 of 2015, are referred to hereunder, for convenience.
7. The following are the rationale for the Land Acquisition Officer categorizing various parcels of the acquired
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## lands:-
|Category|Nature of land|Road access|
|---|---|---|
|A|Dry land|Adjacent to PWD road|
|B|Dry land|Adjacent to Panchayat road|
|C|Reclaimed land|Adjacent to Panchayat road|
|D|Reclaimed land|No road access|
|E|Wetland||
8. In these appeals, lands included in categories A, B, C and D alone are involved. Therefore, the questions concerning the correctness of refixing the market value of those categories alone require consideration. It can be seen from the notes to awards (Ext.R6 - Notes to respective awards were produced in the L.A.Rs. concerned) that the Land Acquisition Officer identified sale deed No.583 of 2010 of SRO Kaduthuruthy (Ext.R15) as the exemplar for fixing market value for lands in Categories A and B. Similarly, the Land Acquisition Officer accepted sale deed No.1279 of 2008 SRO Kaduthuruthy (Ext.R19) as the exemplar to fix land value of C and D categories.
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9. Ext.R15 was relating to sale of 4.96 Ares of land comprised in Sy.No.888/I-I of Kaduthuruthy Village and 3.03 Ares of land comprised in Sy.No.887/12AI of Muttuchira Village. The total land value was Rs.4,26,000/-. Hence the land value per Are was Rs.53,316/-. The Land Acquisition Officer found that the said land resembles and is similarly situated to the acquired lands. At the same time, it was observed that it is not as commercially important as that of the acquired lands. Accordingly, the value of the A-Category property was fixed by giving 65% escalation, as Rs.87,971/- per Are. B Category lands do not have PWD road access, but only Panchayat road access. So, by giving 45% escalation from Ext.R15 property, value of B-category was fixed at Rs. 77,308/-.
10. Insofar as the lands included in C and D categories were concerned, the Land Acquisition Officer accepted Ext.R19 as the basis document. 4.15 Ares of land comprised in Sy. No.1000/7A1 and 1000/8B in Kaduthuruthy Village along with a building was the subject matter of Ext.R19. The total sale price was Rs.3,10,000/- of which Rs.75,000/- was the value of the building. Excluding the value of the building, the
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L.A.A.No.521 of 2015 & connected cases
land value was Rs.56,626/- per Are. The Land Acquisition Officer found that the said land is similar and similarly situated to category C of the acquired lands. Both are reclaimed lands. Accordingly, the market value of C-Category land was fixed as Rs.56,626/-. D-Category lands have no road access and are of lesser commercial importance. Accordingly, by reducing 10%, the value of the D-Category land was fixed at Rs.50,963/-.
11. The claimants assailed the valuation by the Land Acquisition Officer on various grounds. The court below considered the oral evidence and the reports of the Commissioners and found that the exemplar lands were not comparable with the acquired lands. From the notes of the award, it is seen that the acquired lands are situated adjoining Kaduthuruthy Town. The reports of the Commissioners confirm that fact. Considering the proximity of the acquired lands to Kaduthuruthy town, the commercial importance of those lands cannot be overlooked. The potentiality of the lands covered by Exts.R15 and R19 is not so. Those properties are situated far away from Kaduthuruthy Town and have no proximity to the highway roads. The evidence let in by the claimants and also
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L.A.A.No.521 of 2015 & connected cases
the reports of the Commissioners justify the view taken by the References Court rejecting fixation of the land value by the Land Acquisition Officer.
12. The claimants produced Exts.A1 to A3, A4 and A6 in support of their claim for enhanced compensation. Exts. A1 to A3 are sale deeds No. 1433 of 2008, 578 of 2009 and 146 of 2011; all are of SRO Kaduthuruthy. Ext.A4 is an award relating to the acquisition of property for the widening of the railway line. The court below did not accept Exts. A1 to A4 for various reasons. Exts.A6 is a Government order approving the land value fixed by the District Land Purchase Committee through negotiated purchase of various parcels of land for the same purpose. Ext. R10 is the minutes of the District Level Purchase Committee corresponding to Ext. A6. Along with the value of land fixed as per Exts.A6 and R10, the court below considered circumstances like the proximity of the acquired land to Kaduthuruthy town, the pace of development in the area and availability of various public offices in close quarters for refixing the value of the properties in these cases.
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13. As per Ext.A6 value for dry land having PWD road access was fixed as 11,12,652/- per Are. Of course, the said value is inclusive of solatium and additional compensation. The court below after considering such aspects refixed the land value by making deductions. Presumably, resorting to some sort of guesswork, the court below fixed the value of land in category A as Rs.3 lakhs per cent (Rs.7,41,000/- per Are). By making a proportionate deduction, again without mentioning the yardstick adopted, fixed the value of lands in other categories also. The values so fixed are as follows:-
|Category|Value per cent|Value per Are|
|---|---|---|
|A|Rs.3,00,000/-|Rs.7,41,000/-|
|B|Rs.2,75,000/-|Rs.6,79,250/-|
|C|Rs.2,50,000/-|Rs.6,17,500/-|
|D|Rs.2,00,000/-|Rs.4,94,000/-|
14. The learned Special Government Pleader submitted that the mode of fixation of market value by the court below is absolutely incorrect inasmuch as Ext.A6 and Ext.R10 did not relate to the same notification and the said value was fixed by the District Level Purchase Committee in 2014. Even though
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L.A.A.No.521 of 2015 & connected cases
that negotiated purchase of land was for the same purpose, the value reflected in Exts A6 and R10 is what was prevalent in the year 2014 and hence, it is submitted, the same cannot be the basis. No record to show whether or not Ext.A6 negotiated purchase was pursuant to the same notification under Section 4(1) of the Act was available with the records in the appeals. Hence we directed the appellant to produce the notification concerning Ext.A6. A copy of the notification was produced along with I.A.No.1 of 2023 in L.A.A.No.609 of 2015. The said notification was issued on 31.10.2013. Although those lands were acquired on negotiated purchase for the same purpose it was pursuant to a different notification issued after three years. While the learned Special Government Pleader submitted that the valuation in Ext.A6 cannot be acted upon at all, the learned counsel appearing for the claimants submitted that there is nothing wrong in accepting Ext.A6. The learned counsel would submit that such a subsequent notification was to be issued only because small bits of land were omitted in the earlier notifications. It is submitted that both acquisitions were for the same purpose,
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L.A.A.No.521 of 2015 & connected cases
and denial of the value fixed as per Ext.A6 to the claimants herein would be unjust and discriminatory. Reliance is placed in this regard on Rajalakshmi v. Special Tahsildar (LA) Koyilandy [AIR 2023 SC 1971]. It was held there that the value fixed in a negotiated purchase is a relevant consideration for the determination of the compensation for other lands involved in the same acquisition.
15. In Rajalakshmi the Apex Court only held that negotiated price agreed by other landowners can be a relevant consideration for determination of compensation by the Land Acquisition officer. But, when there is a long time gap, in our view, the consideration must be different. In Maya Devi (D) Thr.LRs. and others v. State of Haryana and another [AIR 2018 SC 645] the Apex Court held that the relevant date for determining the compensation in the context of Section 23(1) of the Land Acquisition Act is the date of publication of the notification under Section 4(1) of the Act. The rationale for taking such a view as explained by the Apex Court in Kolkata Metropolitan Development Authority v. Gobinda Chandra Makal & another [AIR 2018 SC 645] is the following,-
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"34. One of the principles in regard to determination of the market value under Section 23(1) is that the rise in market value after the publication of the notification under Section 4(1) of the Act should not be taken into account for the purpose of determination of market value. If the deeming definition of “publication of the notification” in the amended Section 4(1) is imported as the meaning of the said words in the first clause of Section 23(1), it will lead to anomalous results. The owners of the lands which are the subject-matter of the notification and neighbouring lands will come to know about the proposed acquisition, on the date of publication in the Gazette or in the newspapers. Suppose the giving of public notice of the substance of the notification is delayed by two or three months. In that case, there may be several sale transactions in regard to nearby lands in that period, showing a spurt or hike in value in view of the development contemplated on account of the acquisition itself."
16. In New Okhla Industrial Development Authority v. Omvir Singh [AIR OnLine 2022 SC 1166] the question as to whether post notification sales could be the basis for fixing compensation was considered. It was held that the compensation determined on the basis of the notification five years later cannot be a yardstick for determining the
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compensation for the land, which was acquired five years before. Viewed so, the value fixed by the District Level Purchase Committee in the year 2014 as per Ext. A6 for the land acquired pursuant to notification dated 31.10.2013 cannot be the criteria for determining the market value of the land acquired pursuant to notifications in 2010 and 2011. We are therefore of the view that the court below went wrong in fixing the land value acting upon Ext.A6. Moreover, when the court below rejected Ext.A4 for the reason that the said acquisition was in the year 2014, which in our view is correct, acceptance of Ext. A6 becomes self-contradictory and incorrect.
17. Now, the question is what shall be the market value of different categories of properties acquired in these cases. As stated above, the court below rightly rejected documents No.583 of 2010 and 1279 of 2008, which were acted upon as exemplar sales by the Land Acquisition Officer.
18. Ext.A1 is regarding the sale of 8.91 Ares of property along with a building for a total consideration of Rs.19 lakhs. This is a document considered by the Land Acquisition Officer,
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L.A.A.No.521 of 2015 & connected cases
but rejected. Ext.A1 property is situated far away from Kaduthuruthy Town. It is noticed that the said property cannot be compared in terms of the locational importance and situational advantage of the acquired properties. Similarly, Ext.A2 property is situated 3 kms away from Kaduthuruthy Town. From the description in Ext.A2, it is seen that it does not have access to a road. From the reports of the Commissioners and also the oral evidence tendered by the claimants that fact is evident. Further, these properties are reclaimed lands. Therefore, Exts.A1 and A2 cannot be the basis for fixing the value of the acquired lands.
19. Ext.A3 is a sale deed conveying 12.25 cents of property for a sale consideration of Rs.29,70,000/-. This property is situated behind the Kaduthuruthy Government School, which is near within the town area. This property has a disadvantage that it lies 100-150 meters above from the PWD road. While the claimants rely on this sale deed to contend that the value in it reflects the land value in the locality and is comparable to the acquired lands, they would place a caveat that the acquired properties are more valuable
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due to situational advantage. The court below did not accept Ext.A3 as a basis document by holding that the potentiality of these two properties differ much.
20. The property covered in Ext.A3 is situated within Kaduthuruthy Town area. It is behind the Government High School, Kaduthuruthy, in front of which is the PWD road. The Commissioner as per Ext.C1 reported that this property abuts the public road, which branches from the PWD road. It is thus evident that Ext.A3 property abuts a panchayat road, but one property away from the PWD road. Ext.A3 property therefore has close proximity to the public road and Kaduthuruthy Town. The sale as per Ext.A3 was on 21.01.2011. The notifications under Section 4(1) of the Act for the subject acquisitions were on 23.04.2010, 02.11.2010 and 01.01.2011. Therefore, there is a time gap of more than seven months between the first notification and the date of sale as per Ext.A3. It is true that Ext.A3 is thus a post-notification sale. But the gap between the last notification and the date of Ext.A3 is only 20 days. It is a matter of common knowledge that a sale of an immovable property takes place after deliberations and, in most of the
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L.A.A.No.521 of 2015 & connected cases
cases pursuant to an agreement entered into between the parties before hand. In that view of the matter, the value of land agreed for sale between the parties to Ext.A3 should have been after taking into account the state of affairs prevalent before the notifications under Section 4(1) of the Act in these cases. Viewed so, Ext.A3 need not be discarded as a post-notification sale.
21. One disadvantage to Ext.A3 property is that it lies at a height of 100-150 meters from the PWD road, a fact reported by the Commissioners. It is seen that many properties visited by the Commissioners are higher in level. The terrain of the area is sloppy and properties are at different levels. So the height of 100-150 meters to Ext. A3 property from the PWD road is not a serious disadvantage. Considering that and the comparable proximity of both Ext.A3 property and the acquired lands to Kaduthuruthy town and public road, we find that both properties are of similar potentiality. As stated above, Ext.A3 property does not abut PWD road, but abuts a panchayat road. But, in between this property and the PWD road there is only one plot where the Government High
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L.A.A.No.521 of 2015 & connected cases
School, Kaduthurthy is situated. Taking all such matters into account, we are of the view that Ext.A3 property is comparable more to the B-Category property. Hence, we find that Ext. A3 sale can be accepted to fix the market value of category B properties.
22. As stated, 12.25 cents of land was sold as per Ext.A3 for consideration of Rs.29,70,000/-, which means the value of the land was Rs.2,42,448.9 per cent (Rs.5,99,091.4, rounded to Rs.5,99,100/- per Are). The value of the acquired lands in Category-A, which has PWD road access, would naturally be more. In order to mitigate that aspect, we are of the view that 10% increase from the value of B-Category property will be the real market value of Category-A property.
23. C-Category properties are reclaimed lands but have access to Panchayat road. D-Category properties are also reclaimed lands. These lands have a more notable disadvantage that there is no road access. Therefore, value of D-Category properties would be much lesser than C-Category properties, which have road access. Having regard to all such aspects, we are of the view that the value of lands in C
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L.A.A.No.521 of 2015 & connected cases
and D categories are liable to be fixed by scaling down by 10% and 25% respectively from the value of B category lands. Accordingly, the market value of the acquired lands in Categories A, B, C and D are refixed as follows,-
|Category|Value per Are|
|---|---|
|A|Rs.6,59,010/-|
|B|Rs.5,99,100/-|
|C|Rs.5,39,190/-|
|D|Rs.4,49,325/-|
These appeals are allowed to the above extent. The claimants are entitled to compensation computing the land value at the said rates along with all statutory benefits.
All pending applications are closed.
Sd/-
P.B. SURESH KUMAR, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
dkr