State of Kerala v. Claimants & Addl. Respondents (LA App Nos. 739, 760, 767, 778, 812 of 2013 and 60 of 2014)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945** **L.A.APP. NO. 739 OF 2013** **AGAINST THE JUDGMENT AND DECREE DATED 16.06.2012 IN LAR NO.399/2008 OF THE III ADDITIONAL SUB COURT, ERNAKULAM APPELLANT/1ST RESPONDENT:** **STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADOM, ELOOR.** **BY ADVS.** **SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER** ## **RESPONDENTS/CLAIMANT & ADDL.RSPONDENTS 2 & 3:** - **1 A.K.VISWANATHAN S/O. RAMAN, ATHIRUKUNNATH, PEEYOIL ROAD, THRIKKANARVATTOM DESOM, ERNAKULAM-682018.** - **2 THE CHAIRMAN COCHIN PORT TRUST, W.ISLAND-682003.** - **3 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY, 2B RACK TOWER, EDAPPALLY, COCHIN-24.** - **BY ADVS.** - **R1 BY SRI.K.S.BABU** - **R1 BY SRI.BABU SHANKAR** - **R1 BY SRI.K.S.GOPI R1 BY SMT.N.SUDHA R1 BY SRI.K.V.WINSTON** 2 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 **R2 BY SRI.K.ANAND (SR.) R2 BY SMT.LATHA KRISHNAN R3 BY SRI.THOMAS ANTONY** **THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, ALONG WITH LA.App..60/2014, 760/2013 AND CONNECTED CASES, THE COURT ON 17.10.2023 DELIVERED THE FOLLOWING:** 3 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945** **L.A.APP. NO. 760 OF 2013** **AGAINST THE JUDGMENT AND DECREE DATED 16.06.2012 IN LAR NO.400/2008 OF THE III ADDITIONAL SUB COURT, ERNAKULAM APPELLANT/1ST RESPONDENT:** **STATE OF KERALA** **REPRESENTED BY THE SPECIAL TAHSILDAR(LA), ICTT, VALLARPADOM, ELOOR.** **BY ADVS.** **SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL SMT.N.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER** ## **RESPONDENTS/CLAIMANT & ADDL.RESPONDENTS 2 & 3:** - **1 BIJU JOSEPH MATTOM, S/O. JOSEPH MATTOM, G-30, 1ST CROSS ROAD, PANAMPILLY NAGAR, KOCHI-682036, REP. BY HIS POWER OF ATTORNEY HOLDER, AMMINNI JOSEPH MATTOM, W/O. JOSEPH MATTOM, G-30, 1ST CROSS ROAD PANAMPILLY NAGAR, KOCHI-682036.** - **2 THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND.** - **3 THE PROJECT DIRECTOR, NATIONAL HJIGHWAY AUTHORITY, 2B, RACK TOWER, EDAPPALLY, COCHIN-24.** 4 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 **BY ADVS.** **R1 BY SRI.K.S.BABU R1 BY SRI.BABU SHANKAR R1 BY SRI.K.S.GOPI R1 BY SMT.N.SUDHA R1 BY SRI.K.V.WINSTON R2 BY SRI.K.ANAND (SR.) R2 BY SMT.LATHA KRISHNAN R3 BY SRI.THOMAS ANTONY** **THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, ALONG WITH L.A.App.739/2013 AND CONNECTED CASES, THE COURT ON 17.10.2023 DELIVERED THE FOLLOWING:** 5 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945** **L.A.APP. NO. 767 OF 2013** **AGAINST THE JUDGMENT AND DECREE DATED 16.06.2012 IN LAR NO.403/2008 OF THE III ADDITIONAL SUB COURT, ERNAKULAM APPELLANT/1ST RESPONDENT:** ## **STATE OF KERALA,** **REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADOM, ELOOR.** **BY ADVS.** **SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL SMT.N.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER** ## **RESPONDENTS/CLAIMANT & ADDL.RESPONDENTS 2 & 3:** - **1 N.V ABBAS S/O UMMER, MANAGING PARTNER, MEZBAN HOTEL, KALAMASSERY – 683 104.** - **2 THE CHAIRMAN COCHIN PORT TRUST, W. ISLAND- 682 003.** - **3 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY, 2B RACK TOWER, EDAPPALLY, COCHIN – 24.** - **BY ADVS.** - **R1 BY SRI.K.S.BABU** - **R1 BY SRI.BABU SHANKAR R1 BY SRI.K.S.GOPI** 6 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 **R1 BY SMT.N.SUDHA R1 BY SRI.K.V.WINSTON R2 BY SRI.K.ANAND (SR.) R2 BY SMT.LATHA KRISHNAN R3 BY SRI.THOMAS ANTONY** **THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, ALONG WITH LA.App..739/2013 AND CONNECTED CASES, THE COURT ON 17.10.2023 DELIVERED THE FOLLOWING:** 7 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945** **L.A.APP. NO. 778 OF 2013** **AGAINST THE JUDGMENT AND DECREE DATED 16.06.2012 IN LAR NO.428/2008 OF THE III ADDITIONAL SUB COURT, ERNAKULAM APPELLANT/1ST RESPONDENT:** **STATE OF KERALA, REP. BY THE SPL.TAHSILDAR (LA), (ICTT), VALLARPADOM, ELOOR.** **BY ADVS.** **SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL SMT.N.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER** ## **RESPONDENTS/CLAIMANT & ADDL.RESPONDENTS 2 & 3:** - **1 MARSILY [DIED)* S/O.PAILY, MOOZHITHOTTIL, KALAMASSERY, NJALAKAN KARA, THRIKKAKKARA NORTH VILLAGE, KANAYANOOR TALUK, KOCHI - 683 104.** - **2 THE CHAIRMAN COCHIN PORT TRUST,W.ISLAND - 682 003.** - **3 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY, 2B RACK TOWER, EDAPPALLY, COCHIN-682 024.** - **4* ANNIE MARSILY, W/O MARSILY, MOOZHITHOTTATHIL, SOUTH KAMALASSERY, NJALAKAMKARA DESOM, THRIKKAKKARA NORTH VILLAGE, KANAYANNUR TALUK, PIN – 682 021.** 8 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 - **5* ASHA MATHEW, D/O MARSILY, RESIDING AT KADUNGAMPARAMBIL HOUSE, THEVARA P.O., COCHIN – 682 013.** - **6* MARY TOMY D/O MARSILY, RESIDING AT KUNIKKASSERIL HOUSE, KUNIKKASSERIL LANE, PANAMPILLY NAGAR, COCHIN – 682 036.** - **7* DEEPA ALOSIOUS D/O MARSILY, RESIDING AT PULICKAL HOUSE, MASJID ROAD, PALARIVATTOM, KOCHI – 682 025.** - **8* ROOPA SUDHEESH, D/O MARSILY, RESIDING AT 302, BLOCK-1, EASLAND ENCLAVE, ELAMKULAM, KOCHI – 682 020.** - **9* PAUL.M.M @ PAUL MARSILY, S/O MARSILY, MOOZHITHOTTIL, SOUTH KAMALASSERY, NJALAKAMKARA DESOM, THRIKKAKKARA NORTH VILLAGE, KANAYANNUR TALUK, PIN – 682 021.** - ***THE LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT ARE IMPLEDED AS ADDL.RESPONDENTS 4 TO 9 AS PER ORDER DT.12.10.2023 IN IA.NO.1/21.** - **BY ADVS.** - **R1 & R4 TO R9 BY SRI.K.S.BABU** - **R1 & R4 TO R9 BY SRI.BABU SHANKAR R1 & R4 TO R9 BY SRI.K.S.GOPI R1 & R4 TO R9 BY SMT.N.SUDHA R1 & R4 TO R9 BY SRI.K.V.WINSTON R2 BY SRI.K.ANAND (SR.)** - **R2 BY SMT.LATHA KRISHNAN** - **R3 BY SRI.THOMAS ANTONY** **THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, ALONG WITH L.A.App.739/2013 AND CONNECTED CASES, THE COURT ON 17.10.2023 DELIVERED THE FOLLOWING:** 9 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945** ## **L.A.APP. NO. 812 OF 2013** **AGAINST THE JUDGMENT AND DECREE DATED 16.06.2012 IN LAR NO.402/2008 OF THE III ADDITIONAL SUB COURT, ERNAKULAM APPELLANT/1ST RESPONDENT IN LAR:** ## **STATE OF KERALA** **REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT VALLARPADOM, ELOOR.** **BY ADVS.** **SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL SMT.N.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER** ## **RESPONDENTS/CLAIMANT & ADDL.RESPONDENTS 2 & 3 IN LAR:** **1 SASIDHARAN PILLAI S/O.JANARDHANA KURUP, NANDANAM, SURYA NAGAR, PALLILAMKARA, H.M.T.COLONY P.O, REP. BY HIS POWER OF ATTORNEY HOLDER RADHAMANY, W/O.SASIDHARAN PILLAI RESIDING AT PANDALAM PO, PUZHIKAD MURI, PANDALAM VILLAGE FROM RADHAVILASAM, VATTIYOOR PO MAVELIKKARA, ALAPPUZHA - 690 101.** - **2 THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND - 682 001.** - **3 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY, 2B RACK TOWER, EDAPPALLY, COCHIN-682 026.** 10 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 **BY ADVS.** **R1 BY SRI.K.S.BABU R1 BY SRI.BABU SHANKAR R1 BY SRI.K.S.GOPI R1 BY SMT.N.SUDHA R1 BY SRI.K.V.WINSTON R2 BY SRI.K.ANAND (SR.) R2 BY SMT.LATHA KRISHNAN R3 BY SRI.THOMAS ANTONY** **THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, ALONG WITH LA.App..739/2013 AND CONNECTED CASES, THE COURT ON 17.10.2023 DELIVERED THE FOLLOWING:** 11 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 17[TH] DAY OF OCTOBER 2023 / 25TH ASWINA, 1945** **L.A.APP. NO. 60 OF 2014** **AGAINST THE JUDGMENT AND DECREE DATED 16.06.2012 IN LAR NO.415/2008 OF THE III ADDITIONAL SUB COURT, ERNAKULAM** ## **APPELLANT/1ST RESPONDENT:** **STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADOM, ELOOR.** **BY ADVS.** **SRI.K.A.JALEEL ADDL. ADVOCATE GENERAL SMT.N.SUDHA DEVI, SPECIAL GOVERNMENT PLEADER** ## **RESPONDENTS/CLAIMANT & RESPONDENTS 2 & 3:** - **1 SUDHEESH GEORGE, S/O GEORGE, CHIRAYIL VEETTIL, VRINDAVAN, ELAMKULAM, KOCHI - 682020, NOW RESIDING AT COCHIN FLIGHT ACADEMY PVT LTD, 101, STAR LAGOON, THEVARA, COCHIN - 682013.** - **2 THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND – 682003.** - **3 THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY, 2B RACK, TOWER, EDAPPALLY, COCHIN – 682024.** 12 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 **BY ADVS.** **R1 BY SRI.K.S.BABU R1 BY SRI.BABU SHANKAR R1 BY SRI.K.S.GOPI R1 BY SMT.N.SUDHA R1 BY SMT.GANGA A.SHANKAR R2 BY SRI.K.ANAND (SR.) R2 BY SMT.LATHA KRISHNAN R3 BY SRI.THOMAS ANTONY** **THIS LAND ACQUISITION APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, ALONG WITH L.A.App.739/2013 AND CONNECTED CASES, THE COURT ON 17.10.2023 DELIVERED THE FOLLOWING:** 13 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ## P.B. SURESH KUMAR & P.G. AJITHKUMAR, JJ. ----------------------------------------------------------------L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 ----------------------------------------------------------------Dated this the 17[th] day of October, 2023 ## COMMON JUDGMENT ## P. G.Ajithkumar, J. The State of Kerala is in appeal against the common judgment dated 16.06.2012 of the III Additional Sub Judge, Ernakulam in LAR Nos.399, 400, 402, 403, 415 and 428 of 2008. The claimants and the Requisitioning authority are the respondents. The appellant assails the enhancement of land value allowed by the Reference Court. 2. Heard the Special Government Pleader, the learned counsel for the claimants and the learned Standing Counsel for the Requisitioning authority. 3. Various extents of properties belonging to the claimants were acquired for the construction of four line connectivity from National Highway-47 to Vallarpadam. Notification under Section 4(1) of the Land Acquisition Act was issued on 28.12.2006. Awards were passed by fixing land value for the acquired lands as Rs.4,22,222/- per Are 14 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 uniformly. The claimants protested and in the reference cases, the court below passed awards. But the same were challenged by filing appeals before this Court. Those appeals were allowed and the References were remanded with a direction to implead the Requisitioning Authority. Impleading was accordingly done. The reference cases were tried again and awards were passed. 4. The Reference Court found that the property involved in all the cases are adjacent and situated about 100 metres away from Premier Junction, Kalamassery. The Reference Court further held that the Land Acquisition Officer went wrong in fixing the land value on the basis of the sale price in document No.6778/2005. After considering the entire evidence on record, the court below reached the conclusion that Ext.A18, sale deed dated 09.12.2005, as per which the claimant in LAR No.415 of 2008 (LAA No.60 of 2014) purchased the acquired land, is the appropriate exemplar. Accordingly, the land value in Ext.A18 was accepted as the basis for fixing the market value of all the acquired lands. 5. Ext.A18 is dated 09.12.2005. Section 4(1) 15 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 notification pertaining to these cases was on 28.12.2006. In order to mitigate that time gap, 10% increase was allowed. The contention of the appellant is that the property covered by Ext.A18 is a small plot and therefore the value therein does not reflect the actual market value in the locality. The court below accepted that contention to a certain extent and in consideration of that, 10% from the value of Ext.A18 land was deducted. Accordingly, the land value was fixed as Rs.8,58,783/- per Are. 6. The learned Special Government Pleader would submit that when the document accepted as the exemplar by the Land Acquisition Officer, also is related to one of the acquired properties, ie., the property of the claimant in LAR No.403 of 2008 corresponding to LAA No.767 of 2013, acceptance of the higher value in Ext.A18 is incorrect. Yet another contention that has been raised is that the claimants purchased the properties knowing that there would be acquisition and therefore, the value in the sale deeds in their favour may not be the real price. That contention was not substantiated by the appellant before the Reference Court. 16 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 More than an year before the date of the notification under Section 4(1) of the Land Acquisition Act, Ext.A18 sale had taken place. It cannot be inferred in the absence of any evidence that the claimants had knowledge about the acquisition at such an earlier point of time. We are therefore of the view that the said contention has no substance. 7. The contention of the appellant that the land value reflected in Ext.A18 is not the real market value since the property sold was a small plot and the valuation in similar other documents, including the one accepted by the Land Acquisition Officer as the basis document were less. This contention was answered by the court below by placing reliance on the principle of law laid down by the Apex Court in Mehrawal Khewaji Trust v. State of Punjab [(2012) 5 SCC 432] . The law laid down is that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied that it is a bona fide transaction, has to be considered and accepted. When the land is being compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality 17 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time of the acquisition. It was accordingly held that it was only fair that where sale deeds pertaining to different transactions are relied on behalf of the Government, the transaction representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. 8. When adjacent properties of similar potentiality are sold for different prices, the probable inference is that there might be undervaluation for the purpose of saving stamp duty. Further, there is nothing on record to show that Ext.A18 is not a bona fide transaction. The higher price in Ext.A18 among the several similar transactions has therefore to be accepted as the exemplar as held by the Apex Court in the aforesaid decision. 9. Viewed so, the finding of the court below that Ext.A18 can be acted upon for fixing the land value in these cases cannot be said to be incorrect. Transparent and justifiable parameters were applied by the court in order to fix 18 L.A.A.Nos.739, 760, 767, 778 & 812 of 2013 and 60 of 2014 the land value. Hence, we find no reason to interfere with the impugned common judgment. In the result, these appeals are dismissed. No costs. Pending Interlocutory Applications, if any, are dismissed. Sd/- P.B. SURESH KUMAR, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE dkr