High Court of KeralaDivision BenchAll the above L.A.Appellants’ appeals are rejec...
State of Kerala v Abdul Karim & others (L.A.App.No.201/2013 & connected cases)
Case / Petition Number:L.A.App.No.201/2013, along with L.A.App.No.191/2013(C), 205/2013, 218/2013, 222/2013, 288/2013, 298/2013, 303/2013, 347/2013, 354/2013, 382/2013, 525/2013, 183/2014, 229/2014, 869/2014, 449/2015 (leading case: 201/2013)
Neutral Citation:/
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- T. R. Ravi
- Judgment Date
- 2020-10-21
- Court Decision / Holding
- Appeals by the State dismissed; Compensation determined in line with L.A.R.No.171/2006 and related references; Respondents entitled to statutory benefits under the Land Acquisition Act; Costs awarded to respondents; All interlocutory applications dismissed.
- Final Disposition
- All the above L.A.Appellants’ appeals are rejected; Respondents awarded statutory benefits; Costs imposed on parties; Interlocutory applications dismissed.
Parties to the Case
Appellants / Petitioners
- State of Kerala
- District Collector, Thiruvananthapuram
- The Executive Engineer, KSTP Pulamon, Kottarakkara
- Special Tahsildar (LA)
Respondents
- Abdul Karim
- Abdul Salam
- Chandrasekharan Nair
- Viswambharan Nair
- Abdul Kalam
- Mammu
- Padmanabhan Nair
- Abdul Kharim
- Peethambaran Nair
- Asok Kumar
- Sundaresan
- Nizamudeen
- Shihabdeen
- Sara Ummal
- Valsalakumari
- Naseema Beevi
- Sabi
Legal Representation & Advocates
Counsels for Petitioners
- • Senior Government Pleader Sri.T.K.Sha Jahan
Counsels for Respondents
- • Sri.G.S.Reghunath
- • Sri.J.Harikumar
- • Sri.C.A.Chacko
- • Sri.G.Sivasanakar
- • Sri.P.K.SeBASTIAN
- • Sri.Rejeesh M.A
- • Sri.SVarada SURENDRAN
Case Synopsis & Summary
This is a batch of land- acquisition appeals filed by the State of Kerala challenging enhanced compensation awarded by a Sub Court (II Additional) at Nedumangad in LAR references arising from the up-gradation of the Thykadu–Kottarakkara State Highway. The High Court, comprising K. Vinod Chandran and T. R. Ravi, heard on 21 October 2020 the leading appeal L.A.App.No.201/2013 and 14 connected appeals (Nos. 191/2013, 205/2013, 218/2013, 222/2013, 288/2013, 298/2013, 303/2013, 347/2013, 354/2013, 382/2013, 525/2013, 183/2014, 229/2014, 869/2014 and 449/2015). The State sought higher compensation than what the Reference Court fixed after remand from L.A.R.No.171/2006, arguing the lands near Kattaikonam junction, along the highway, and the fact that the Government’s valuation relied on earlier decisions. The Court, after analyzing the comparables and Exhibit A1 evidence (sale of Rs.4,50,000 per cent in 2000), held that the Reference Court’s figures were reasonable and consistent with the baseline set by L.A.R.No.171/2006. The State’s attempts to rely on other judgments were not persuasive to depart from that standard. The judgment ultimately dismissed the State’s appeals, upheld statutory benefits to the claimants, and directed costs in favor of the respondents, with all interlocutory applications dismissed.
Provisions of Law Cited
Land Acquisition Act, 1894Section 4(1) of the Land Acquisition Act
Submissions & Arguments
Contentions of Appellants / Petitioners
The State contended that the leading reference LA R No.171/2006 set a high benchmark for compensation in similar properties, and that the property in L.A.App.No.382/2013 (and other references) lies in a lower, less urban area, distant from the junction, with the road works reducing its value further. It argued reliance on older judgments (e.g., L.A.R.No.1349/2009 and L.A.R.No.268/2011) was misplaced and that the Commissioner’s six-year gap from notification to visit undermined the comparability. It urged adopting the lower, more conservative figures from the Land Acquisition Officer, while emphasizing that Exhibit A1 (sale/deed evidence) supports lower valuations.
Contentions of Respondents
The claimants argued that the up-gradation project and highway proximity severely affected land value, and that the Reference Court correctly enhanced compensation after reconsideration. They pressed for higher rates in line with the comparison cases (including properties in similar categories and distant locations) and argued that the remand process and additional evidence warranted greater awards. Counsel highlighted the injurious impact of road works, loss in utility and the need for proper accounting of improvements and access rights.
Cited Precedents (6)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| L.A.R.No.171 of 2006 | 171/2006 | Positive | Used as the leading reference/benchmark for compensation; Reference Court's fixation upheld as reasonable. |
| S.R. Prathapan v. State of Kerala & Anr | 1349/2009 | Positive | Cited for comparison of values; used to contextualize per-are rates though not controlling. |
| State of Kerala & Anr. v Abdul Khalam | 268/2011 | Distinguished | Not adopted as a ruling basis; lack of Exhibit A1 and different facts led to non-application. |
| L.A.R.No.1349 of 2009 | 1349/2009 | Mentioned Only | Mentioned for historical reference on valuation; not binding in the remand context. |
| L.A.R.No.45 of 2006 | 45/2006 | Mentioned Only | Cited as part of context; not central to the core decision. |
| L.A.R.No.49/2006 | 49/2006 | Mentioned Only | Cited in passing as part of background materials; not controlling. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.201 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN IN LAR.45/2006 DATED 18.08.2012 OF SUB COURT, NEDUMANGAD**
**APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA. 2 THE EXECUTIVE ENGINEER, K.S.T.P., PULAMON, KOTTARAKKARA BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENTS/ CLAIMANTS:**
|**1**|**ABDUL KARIM, S/O MEERAN PILLAI,**|
|---|---|
||**PUTHUVAL PUTHEN VEEDU, POOLANTHARA,**|
||**KOLIYACODE, PIN-695606**|
|**2**|**JUBAIDAH BEEVI, D/O NABEEZA BEEVI,**|
||**PUTHUVAL PUTHEN VEEDU,**|
||**POOLANTHARA, KOLIYACODE 695606**|
||**R1 & R2 BY ADV. SRI.G.S.REGHUNATH.**|
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.191/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 2 - connected cases.**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.191 OF 2013(C)**
**AGAINST THE JUDGMENT AND DECREE IN LAR.49/2006 DATED 25-03-2010 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR (L.A.). 2 THE EXECUTIVE ENGINEER, K.S.T.P., PULEMON, KOTTARAKKARA.**
**BY ADVS.**
**SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**ABDUL SALAM, S/O. MAITHEEN PICHA, APSARA, POOLENTHARA, SANTHIGIRI, PIN-695 541.**
**BY ADV. SRI.J.HARIKUMAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 3 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.205 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.46/2006 DATED 21-03-2011 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER, KSTP PULAMON,KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**CHANDRASEKHARAN NAIR, S/O.GANGADHARAN PILLAI, VILAYIL VEEDU, POOLANTHARA, KOLOYACODE-695 607.**
**BY ADV. SRI.C.A.CHACKO BY ADV. SRI.G.SIVASANKAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 4 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
## **L.A.App.No.218 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.55/2006 DATED 21-03-2011 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
- **1 STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA).**
- **2 THE EXECUTIVE ENGINEER, K.S.T.P.PULEMON, KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENTS/ CLAIMANTS:**
- **1 VISWAMBHARAN NAIR, SIVASAKTHI, PUATHUVEETTU MURI, KOLIYAKODE-695 607.**
- **2 GIRIJAKUMARI, W/O.VISWAMBHARAN NAIR, SIVASAKTHI, PUATHUVEETTU MURI, KOLIYAKODE - 695 607.**
**R1 & R2 BY ADV. SRI.J.HARIKUMAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 5 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.222 OF 2013**
**AGAINST THE JUDGMENT/AWARD IN LAR.18/2006 DATED 29.11.2009 OF SUB COURT, NEDUMANGAD**
## **APPELLANT/1ST RESPONDENT IN LAR.:**
**STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENTS/ CLAIMANT & 2ND RESPONDENT IN LAR.:**
**1 ABDUL KHALAM, S/O.MEERAN ILLAI, PUTHUVAL PUTHEN VEEDU, POOLANTHARA, KOLIYAKODE-670 674, POWER OF ATTORNEY HOLDER ABDUL KARIM.**
**2 THE EXECUTIVE ENGINEER KSTP, PULAMON, KOTTARAKKARA-691 506.**
**R1 BY ADV. SRI.J.HARIKUMAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 6 - connected cases.**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.288 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.62/2006 DATED 03-04-2010 OF SUB COURT, NEDUMANGADU.**
## **APPELLANTS/ RESPONDENTS IN LAR:**
**1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANATHAPURAM. 2 EXECUTIVE ENGINEER, KETP, PULAMON, KOTTARAKKARA.**
**BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT IN LAR:**
**MAMMU, S/O. K.M. KOYA, VILAYIL VEEDU, KOLIYAKODU - 695 541.**
**BY ADV. J.HARIKUMAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 7 - connected cases.**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.298 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.7/2006 DATED 14-03-2011 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA, REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER, K.S.T.P., PULEMON, KOTTARAKKARA.**
**BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**PADMANABHAN NAIR, S/O.KRISHNA PILLAI, PULINTHANATHU VEEDU, PUTHENVEETU MURI, KOLIYACODE-695 606.**
**BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 8 - connected cases.**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.303 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.48/2006 DATED 20-11-2009 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA.**
**2 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PULAMON, KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**ABDUL KHARIM, S/O. MEERAN PILLAI, K.J.MANZIL, POOLANTHARA, KOLIYACODE-695 606, THIRUVANANTHAPURAM.**
## **BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 9 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.347 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.8/2006 DATED 14-03-2011 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA.**
**2 THE EXECUTIVE ENGINEER K.S.T.P. PULEMON, KOTTARAKKARA**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**PEETHAMBARAN NAIR, S/O.KRISHNAN PILAI, USHAS, KOLIYACODE – 695 606, THIRUVANANTHAPURAM.**
**BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 10 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
## **L.A.App.No.354 OF 2013(C)**
**AGAINST THE JUDGMENT & DECREE IN LAR.9/2006 DATED 14.03.2011 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER, K.S.T.P., PULEMON, KOTTARAKKARA.**
**BY ADVS. BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**ASOK KUMAR, S/O.KRISHNA PILLAI, PULINTHANATHU VEEDU, PUTHUVEETTU MURI, KOLIYACODE-695 606, THIRUVANANTHAPURAM.**
## **BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 11 - connected cases.**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.382 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.171/2006 DATED 17.01.2012 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY THE DISRICT COLLECTOR, THIRUVANANTHAPURAM.**
**2 THE EXECUTIVE ENGINEER, KERALA STATE ROAD TRANSPORT PROJECT, PULAMON, KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**SUNDARESAN, S/O.SUBRAHMANIYAN CHETIYAR, SREE DURGA BHAVAN, GANDHIPURAM, SREEKARIYAM-695 017.**
## **BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 12 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.525 OF 2013**
**AGAINST THE JUDGMENT & DECREE IN LAR.21/2006 DATED 25-03-2010 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS 1 & 2:**
**1 STATE OF KERALA, REPRESENTED BY THE SPL.TAHSILDAR (LA). 2 THE EXECUTIVE ENGINEER, KSTP.**
**BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
**RESPONDENT/ CLAIMANT:**
**NIZAMUDEEN, S/O.MAIDEEN PICHA, PUTHUVAL PUTHEN VEEDU, POOLENTHARA, KOLIYACODE-695607.**
**BY ADV. SRI.SHABU SREEDHARAN BY ADV. SRI.ANOOP ANTONY BY ADV. SRI.P.K.SEBASTIAN BY ADV. SRI.REJEESH M.A. BY ADV. SMT.VARADA SURENDRAN.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 13 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.183 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR.52/2006 DATED 25.10.2010 OF SUB COURT, NEDUMANGAD.**
## **APPELLANTS/ RESPONDENTS:**
- **1 STATE OF KERALA.**
**2 THE EXECUTIVE ENGINEER, KSTP, PULAMON, KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENTS/ CLAIMANTS:**
**1 SHIHABDEEN, FIROZ MANZIL, PUTHUVAL-PUTHEN VEEDU, POOLANTHRA, KOLIYACODE-695606. 2 SARA UMMAL, FIROZ MANZIL, PUTHUVAL-PUTHEN VEEDU, POOLANTHRA, KOLIYACODE-695606. R1 & R2 BY ADV. SRI.J.HARIKUMAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 14 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.229 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR.23/2006 DATED 28.10.2010 OF SUB COURT, NEDUMANGAD.**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA.**
**2 THE EXECUTIVE ENGINEER, K.S.T.P., PULAMON, KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**VALSALAKUMARI, D/O. JANAKIAMMA, CHAITHRAM, ATTUVEEDU, KOLIAKODE, SANTHIGIRI P.O.-695 607.**
**BY ADV. SRI.J.HARIKUMAR.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 15 - connected cases.**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.869 OF 2014**
**AGAINST THE JUDGMENT & DECREE IN LAR 50/2006 DATED 09-12-2010 OF SUB COURT, NEDUMANGAD**
**APPELLANTS/ RESPONDENTS:**
- **1 STATE OF KERALA.**
- **2 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT, PULAMON, KOTTARAKKARA.**
**BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
**RESPONDENTS/ CLAIMANTS:**
- **1 NASEEMA BEEVI, D/O. AYISHA BEEVI, NIZAR MANZIL, PUTHUVAL PUTHEN VEEDU, POOLANTHARA- 695 607.**
- **2 SABI, D/O. NASEEMA BEEVI, NIZAR MANZIL, PUTHUVAL PUTHEN VEEDU, POOLANTHARA-695 607.**
**R1 BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 16 - connected cases.**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942**
**L.A.App.No.449 OF 2015**
**AGAINST THE JUDGMENT & DECREE IN LAR.58/2006 DATED 25-03-2010 OF SUB COURT, NEDUMANGAD**
## **APPELLANTS/ RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA).**
**2 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT, PULEMON, KOTTARAKKARA.**
**BY ADVS. SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN**
## **RESPONDENT/ CLAIMANT:**
**ABDUL SALAM, S/O MAITHEEN PICHA, APSARA, POOLENTAHARA, KOLLAYCODE-695 607**
**BY ADV. SRI.G.S.REGHUNATH.**
**THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21-10-2020, ALONG WITH L.A.App.201/2013(C) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**L.A.Appeal No.201/2013 & - 17 - connected cases.**
**K. Vinod Chandran & T.R.Ravi, JJ.**
**-------------------------------------------------L.A.Appeal Nos.201/2013, 191/2013, 205/2013, 218/2013, 222/2013, 288/2013, 298/2013, 303/2013, 347/2013, 354/2013, 382/2013, 525/2013, 183/2014, 229/2014, 869/2014 & 449/2015.**
**--------------------------------------------------Dated, this the 21[st] day of October, 2020**
## **JUDGMENT**
**Vinod Chandran, J. above appeals are filed by the State, against the judgment of the II Additional Sub Court granting enhancement of the amounts awarded in Land Acquisition References filed by the land owners whose lands were acquired for the up-gradation of the ThykaduKottarakkara State Highway. Learned Government Pleader appearing for the State first of all submitted that L.A.A.No.382 of 2013 be taken as the leading case, since there was a remand made in an appeal [L.A.A.No.1020 of 2010] filed by the State, upon which the Reference Court affirmed its earlier view. The highest per are value determined among the references is in that case.**
**2. It is argued that the Commissioner has visited the property after six years from the date of acquisition. Exhibit A1 document produced is with respect to a small extent of property, specifically one Cent, and the subject properties are not comparable to that comprised in Exhibit A1. The property in L.A.A.No.382 of 2013 lies at a lower**
**L.A.Appeal No.201/2013 & - 18 - connected cases.**
**level and is not in an urban area. The property is also situated far away from Kattaikonam junction and does not have any establishments nearby. Reliance is also placed on judgments of this Court in** _**L.A.A.No.1349 of 2009 dated 22.09.2011 [S.R.Prathapan v. State of Kerala & Anr.**_ **] and** _**L.A.A.No.268 of 2011 dated 02.08.2012 [State of Kerala & Anr. v. Abdul Khalam**_ **]. The amounts granted as compensation by two different Division Benches to comparable properties is far lower than that awarded in these cases.**
**3. Sri.G.S.Reghunath, Sri.J.Harikumar, Sri.C.A.Chacko and Shabu Sreedharan argued for the respondents.**
**4. Sri.G.S.Reghunath, who appears in L.A.A.No.382 of 2013, points out that the property in that case even otherwise was lying adjacent to the State Highway. On up-gradation, it was divided into two, as is evidenced from the Commission Report and deposition of AW-2, the Commissioner. In fact the property was found to be at a lower level only because of the up-gradation work carried out and one piece of the property has been rendered totally useless. The injurious effect on the property remaining with the land owner has not at all been taken into account.**
**5. The subject acquisition resulted in the award being passed with respect to various properties covered in the individual appeals. The Land Acquisition Officer has**
**L.A.Appeal No.201/2013 & - 19 - connected cases.**
**categorized the different properties as 'A', 'A1', 'B', 'B2' and 'C' in the descending order of their value. The value fixed by the Land Acquisition Officer and the**
## **Reference Court are as below:**
|**Category**|**Value fixed by**<br>**Land Acquisition**<br>**Officer**<br>**[per Are]**|**Value re-fixed**<br>**by Reference**<br>**Court**<br>**[per Are]**|
|---|---|---|
|**A**|**Rs.23,136/-**|**Rs.4,94,200/-**|
|**A1**|**Rs.18,509/-**|**Rs.4,94,200/-**|
|**B in LAA**<br>**201/13**|**Rs.17,178/-**|**Rs.6,00,000/-**|
|**B**|**Rs.17,178/-**|**Rs.2,22,390/-**|
|**B2**|**Rs.12,884/-**|**Rs.4,94,200/-**|
|**C**<br>**in LAA**<br>**382/13**|**Rs.11,712/-**|**Rs.6,00,000/-**|
**We see that the Government had taken up the original judgment in L.A.R.No.45 of 2006 and L.A.R.No.171 of 2006 before this Court. Therein, the properties were respectively categorized as 'B' and 'C' and the judgment, set aside in appeal, granted Rs.6,00,000/- per Are to both the properties covered by the two categories. On remand, the amount fixed earlier was reiterated. The amounts fixed in all the other References were lower than that fixed in L.A.R.No.171 of 2006. L.A.R.No.171 of 2006, from which L.A.Appeal No.382 of 2013 arises, was with respect to a property categorized as 'C', for which the lowest value was**
**L.A.Appeal No.201/2013 & - 20 - connected cases.**
**fixed by the Land Acquisition Officer itself. In such circumstance, the said case is taken as the leading case.**
**6. The Reference Court found that the acquired property is situated very near to Kattaikonam junction and lies on the eastern side of Kazhakkutam-Pothencode Road. Section 4(1) notification was issued on 06.01.2003 and possession was taken on 27.06.2005. Exhibit A1 is the certified copy of sale deed No.1806 of 2000 of SRO, Pothencode. It shows a Cent of property having been sold for Rs.4,50,000/- per Cent in the year 2000. Marginal enhancement has to be given for the subsequent years. Hence even if 10% is added for every year when the notification was brought in 2003, a Cent of similar property would have fetched Rs.6,00,000/- per Cent and an Are about Rs.15,00,000/-.**
**7. The Reference Court has found that the**
**State Highway passes through the middle of the property and that the property is lying 12 feet below the road level. Portions of a retaining wall found in the property clearly indicated that it was lying at a lower level even before the acquisition. It was also found from the testimony of the Commissioner himself that the property is situated one and a half kilometers away from Kattaikonam junction. Hence, when a property in a junction would have fetched**
**L.A.Appeal No.201/2013 & - 21 - connected cases.**
**Rs.15,00,000/- per Are in the year 2003, a property lying one and half kilometers away and at a lower level was fixed with a value of Rs.6,00,000/- per Are. We agree with the Reference Court and the fixation of value is very reasonable. Even if the value as seen from Exhibit A1 cannot be accepted fully for reason of that being a very small extent of property, specifically one Cent, we are of the opinion that even then the value fixed is not excessive.**
**8. We see that L.A.Appeal No.1349 of 2009 fixed the value of the property at Rs.59,000/- per Are. However, the Court considered a document of the year 1996 which reflected a land value of Rs.66,666/- per Are. Here there is a document produced of the year 2000 and proportionate reduction made in that appeal and that made by the Reference Court herein is almost identical. It is also pertinent that despite the judgment in L.A.Appeal No.1349 of 2009 dated 22.09.2011 being available, it was not produced before the Reference Court when the issue was considered on remand.**
**9. L.A.Appeal No.268 of 2011 is with respect to L.A.R.No.25 of 2006 which was relied on by the Reference Court in some of the judgments impugned in the present appeals. In the appeal, the value adopted was**
**L.A.Appeal No.201/2013 & connected cases.**
**- 22 -**
**Rs.82,300/- per Are. Here, the Reference Court in L.A.R.No.171 of 2006 found the property categorized as 'C' by the Land Acquisition Officer as capable of being valued at Rs.6,00,000/- per Are. The value assigned by the Reference Court to those other properties in the other appeals are far lesser. But those properties were found by the Land Acquisition Officer itself to be of higher value than that which is the subject matter of L.A.R.No.171 of 2006. There is hence no ground for a different view to be adopted by reason only of the amounts fixed in L.A.Appeal No.268 of 2011; since the Court in that case also did not have the benefit of Exhibit A1 document produced in L.A.A 382 of 2013.**
**10. We have found that in L.A.R.No.171 of 2006 the subject property was categorized as lowest in value by the Land Acquisition Officer himself. The other properties were awarded higher amounts. In L.A.R.No.171 of 2006, the claimant had also produced a document on which reliance was placed by the Reference Court, which we have found to be unassailable.**
**11. The judgment impugned in L.A.Appeal No.201 of 2013 considered a property categorized as 'B'. Therein, reliance was placed on the findings in L.A.R.No.171 of 2006. In all other cases, the properties were those**
**L.A.Appeal No.201/2013 & - 23 - connected cases.**
**categorized by the Land Acquisition Officer himself as having higher value than that in L.A.R.No.171 of 2006. The amounts adopted by the Reference Court was much lower than that in L.A.R.No.171 of 2006. Hence, when we confirm the determination of compensation in L.A.R.No.171 of 2006; necessarily the other appeals of the State ought to be rejected. If the claimants/respondents in the other cases had filed appeals, we would have been obliged to grant enhancement.**
**Accordingly, all the above appeals would stand rejected. The respondents would be entitled to all statutory benefits admissible under the Land Acquisition Act. The parties shall suffer their respective costs. All pending Interlocutory Applications would stand dismissed.**
**Sd/K.VINOD CHANDRAN JUDGE**
**Sd/T.R.RAVI JUDGE**
**Vku/-**
**[ true copy ]**