Risa Salim & Lubina Salim v. State of Kerala & Shaji

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 LA.App..No. 673 of 2011() ------------------------LAR.55/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- 1. RISA SALIM, D/O.ABDUL SALIM, PALLIPARAMBIL HOUSE, VENGALLOOR, THODUPUZHA IDUKKI DISTRICT. 2. LUBINA SALIM, D/O. ABDUL SALIM, PALLIPARAMBIL HOUSE, VENGALLOOR, THODUPUZHA IDUKKI DISTRICT. BY ADV. SRI.P.P.THAJUDEEN SMT.P.B.WAHIDA RESPONDENT(S)/RESPONDENT/: CLAIMANT ----------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI-685603. 2. SHAJI, S/O. HASSAN, PALLIPARAMBIL HOUSE, VENGALLOOR, THODUPUZHA, IDUKKI DISTRICT-685584. BY GOVT.PLEADER SRI.C.K.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **PIUS C.KURIAKOSE & K.HARILAL, JJ. -----------------------L.A.A. NO.673 OF 2011 ------------------------** Dated this the 2nd day of December, 2011 ## **JUDGMENT** Pius C.Kuriakose, J. Notice to the 2nd respondent, who has not been awarded enhanced compensation by the Reference Court and has not chosen to prefer any appeal against the award of the Reference Court, is dispensed with. 2. The appellants are aggrieved by the refixation of the market value of their land in Kumaramangalam Village of Thodupuzha Taluk which was acquired for the purpose of construction of Thodupuzha Bye-pass (Kolani - Vengalloor Road). The Land Acquisition Officer included their property in category III - dry land with road frontage and awarded land value at the rate of Rs.17,561/- per Are. The Reference Court on evaluating the evidence adduced by the parties would refix the land value at Rs.57,734/- per Are. 3. In this appeal, the appellants claim the market value of the land under acquisition be refixed at Rs.50,000/- per cent. We L.A.A. No.673/2011 2 notice the judgment of this court in L A.A. No.1355/2009 and find that the issue is covered fully in favour of the appellants. According to us that judgment has to be followed and the appeal has to be allowed in full. 4.Hence, the appeal is allowed and the market value of the land under acquisition is refixed at Rs.50,000/- per cent. The appellants will be entitled for all statutory benefits. This would be subject to the conditions which this court has imposed in its common order dated 1/12/2011 in C.M.Appln. Nos.1552/2011, 1553/2011, 1554/2011 & 1561/2011. While decree is drafted , the Section will have due regard to the those conditions. Decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memorandum is remitted and all the conditions in that common order are complied with. Parties are directed to suffer their respective costs in this appeal. ## **PIUS C.KURIAKOSE,JUDGE** **K.HARILAL, JUDGE.** dpk L.A.A. No.673/2011 3 L.A.A. No.673/2011 4 L.A.A. No.673/2011 5 ## **PIUS C.KURIAKOSE & K.HARILAL, JJ.** ## **-----------------------L.A.A. NO.673 OF 2011** **------------------------** Dated this the 2nd day of December, 2011 ## **JUDGMENT** Pius C.Kuriakose, J. Notice to the 2nd respondent, who has not been awarded of anything by the Reference Court and has not preferred with any appeal, is dispensed with. 2. The appellants ,who were the awardees, are aggrieved by the refixation of the market value of land in Kumaramangalam Village of Thodupuzha Taluk. The acquisition was pursuant to Section 4 (1) notification dated 12/6/2002. The Land Acquisition Officer included the property in category III - dry land with road frontage and awarded land value at the rate of Rs.17,561/- per Are. The Reference Court on evaluating the evidence adduced by the parties would refix the land value at Rs.57,734/- per Are. In this appeal, the appellants claim that the market value of land under acquisition be refixed at L.A.A. No.673/2011 6 Rs.50,000/- per cent. 2. Sri.C.K.Shyam Kumar learned senior Government Pleader at the very out set would submit that this case may not be decided. The senior Government Pleader would drew our attention to the judgment of this court in L.A.A. No.1186/2009 and submit that the rate of Rs.57,734/- per Are fixed by the Reference Court for identical properties has been approved by this court under the above judgment. A copy of the above judgment is placed before us. 3. We notice the judgment of this court in L.A.A. No.1355/2009 which is authored by one among ourselves ( PCK (J)). We find that the above judgment covers the issue fully in favour of the appellant. Relying on that judgment we allow this appeal and refix the market value of the land at Rs.50,000/- per cent. 4. On going through the above judgment, we find that the above judgment is rendered in the appeal preferred by the Government. The approval given by the Government is negative approval. But, we notice the various judgments of this court pertaining to acquisition of land in and around Thodupuzha 7 L.A.A. No.673/2011 including the judgment in State of Kerala v. Jose Simon (2009 (1) KLT 760) , which was authored by one among us (PCK(J)). We feel that based on those judgments, there is justification for refixing the market value of land under acquisition at Rs.35,000/- per cent corresponding to Rs.86,485/- per Are. We allow this appeal and refix the market of the land under acquisition at Rs.86,485/- per Are. The appellant will be entitled for all statutory benefits. However, this would be subject to the conditions which this court has imposed in its common order dated 1/12/2011 in C.M.Appln. Nos.1552,1553,1554,1561/2011. While decree is drafted the Section will have due regard to those conditions. Decree copy of will be issued to the appellants only after ensuring that the full court fee is remitted and all the conditions in that common order are complied with. Parties will suffer their respective costs in this appeal. ## **PIUS C.KURIAKOSE,JUDGE** ## **K.HARILAL, JUDGE.** |L.A.A. No.673/2011|8| |---|---| |dpk||