State of Kerala v. Mary John and others (LA.APP. Nos. 73/2017; 217/2017; 51/2018; connected cases)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE`** ``` & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 14 [ TH ] DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 LA.APP. NO. 73 OF 2017 ``` ``` AGAINST THE JUDGMENT AND DECREE DATED 22.10.2016 IN LAR NO.33 OF 2012 OF SUBORDINATE COURT, MUVATTUPUZHA APPELLANTS/RESPONDENTS IN LAR: ``` - **`1 STATE OF KERALA`** ## **`2 THE ASSISTANT EXECUTIVE ENGINEER,`** ``` PUBLIC WORKS DEPARTMENT(ROAD DIVISION),KOTHAMANGALAM. ``` ``` BY ADV SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER ``` ## **`RESPONDENTS/CLAIMANTS IN LAR:`** - **`1 MARY JOHN,`** - **`D/O.JOHN, MALAYIL HOUSE, KUROOR KARA, PIN-686691.`** - **`2 M.J.BABY,`** - **`D/O.JOHN, MALAYIL HOUSE, KUROOR KARA, PIN-686691.`** - **`3 M.J.SALOMY,`** - **`D/O.JOHN, MALAYIL HOUSE, KUROOR KARA, PIN-686691.`** - **`4 ALICE JOHN, D/O.JOHN, MALAYIL HOUSE, KUROOR KARA, PIN-686691.`** - **`5 SOLY JOHN,`** - **`D/O.JOHN, MALAYIL HOUSE, KUROOR KARA, PIN-686691.`** ``` BY ADVS. ``` ``` SRI.P.THOMAS GEEVARGHESE SRI.TONY THOMAS INCHIPARAMBIL ``` ``` THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14.06.2024, ALONG WITH LAA 217 OF 2017, CO.48/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE`** ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 14 [ TH ] DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 ``` ``` LA.APP. NO. 217 OF 2017 ``` ``` AGAINST THE JUDGMENT AND DECREE DATED 26.07.2016 IN LAR NO.34 OF 2012 OF SUB COURT, MUVATTUPUZHA ``` ``` APPELLANTS/RESPONDENTS IN LAR: ``` ## **`1 STATE OF KERALA`** - **`REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM.`** ## **`2 THE ASSISTANT EXECUTIVE ENGINEER,`** ``` PUBLIC WORKS DEPARTMENT(ROADS DIVISION), KOTHAMANGALAM. ``` ``` BY ADV SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER ``` ## **`RESPONDENTS/CLAIMANTS IN LAR:`** ## **`1 M.I.ABU,`** ``` S/O IBRAHIM, MEYKAPADICKAL, MULAVOOR VILLAGE-686673. ``` - **`2 SAFIYA,`** - **`W/O ABU, MEYKAPADICKAL, MULAVOOR VILLAGE-686673.`** ``` BY ADV SRI.SHINDO VARGHESE FOR R1 AND R2 ``` ``` THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14.06.2024, ALONG WITH LA.App..73/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 14 [ TH ] DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 ``` ``` CO NO. 48 OF 2018 ``` ``` IN LAA NO.217 OF 2017 ``` ``` LAR NO.34 OF 2012 OF SUB COURT, MUVATTUPUZHA ``` ## **`CROSS OBJECTORS/RESPONDENTS 1 AND 2/CLAIMANTS:`** - **`1 M.I.ABU, S/O.IBRAHIM, MEYKAPADIKKAL (H), MULAVOOR VILLAGE-686 673, ERNAKULAM DISTRICT.`** - **`2 SAFIYA,`** ``` W/O ABU, MEYKAPADIKKAL(H), MULAVOOR VILLAGE-686673, ERNAKULAM DISTRICT. ``` ``` BY ADV SRI.SHINDO VARGHESE ``` ## **`RESPONDENTS/APPELLANT & RESPONDENT:`** - **`1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM-682 030.`** - **`2 THE ASSISTANT EXECUTIVE ENGINEER,`** - **`PUBLIC WORKS DEPARTMENT (ROADS DIVISION), KOTHAMANGALAM-686 691.`** ``` BY ADV SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER ``` ``` THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 14.06.2024, ALONG WITH LA.App..73/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 4 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 14 [ TH ] DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 LA.APP. NO. 51 OF 2018 ``` ``` AGAINST THE JUDGMENT AND DECREE DATED 31.08.2017 IN LAR NO.11 OF 2014 OF SUB COURT, MUVATTUPUZHA ``` ## **`APPELLANT/RESPONDENT IN LAR:`** ``` STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. ``` ``` BY ADV SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER ``` ## **`RESPONDENTS/CLAIMANTS IN LAR:`** - **`1 P.P.KURIACHAN,`** - **`S/O.PURAVATH, PALLIMALIL HOUSE, KUROOR KARA-686 691.`** - **`2 SARAMMA KURIACHAN,`** ``` PALLIMALIL HOUSE, KUROOR KARA-686 691. ``` - **`3 SMITHA P.JOBIN,`** ``` PALLIMALIL HOUSE, KUROOR KARA-686 691. ``` - **`4 SNEHA P.KURIAN, PALLIMALIL HOUSE, KUROOR KARA-686 691.`** ``` BY ADV SRI.P.THOMAS GEEVARGHESE ``` ``` THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14.06.2024, ALONG WITH LA.App..73/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 5 ## **`J U D G M E N T`** ## `A.Muhamed Mustaque, J.` ``` The State has come up in appeals challenging the award passed by the reference court in LAR Nos.33 of 2012, ``` ``` 34 of 2012 & 11 of 2014 on the file of Sub Judge, Muvattupuzha. In one of the appeals, i.e., LAA No.217 of 2017, cross objection No.48 of 2018 was also filed by claimants. An extent of 4.86 Ares of land in Sy.No.1021/6-A-3pt, 3.99 Ares of land comprised in Sy.No.1021/6A-3pt and 02.54 Ares of land comprised in Sy.No.1022/2-3 in Kothamangalam Village of Kothamangalam Taluk, were acquired for the construction of Thankalam-Kozhippilly New Bye Pass Road crossing NH-49. Section 4(1) notification was issued on 18.07.2006. Land acquisition Officer categorised the land under category VIII and the Land Acquisition Officer awarded Rs.74,000/- per Are. This land has been classified as a wetland in revenue records. In respect of category V, the Land Acquisition ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 6 ``` Officer awarded Rs.1,02,300/- per Are. In respect of category IV, the Land Acquisition Officer awarded Rs.1,11,200/-. Category IV and V are dry land. The reference court enhanced the land value for category VIII to Rs.2,47,100/- as similar to category IV and V. The State preferred these appeals challenging enhancement. ``` ``` 2. Learned Government Pleader submits that the land in category VIII being a wetland, it cannot be equated with a land in category IV and V. ``` ``` 3. The commission report shows that there were coconut trees in that land. Therefore, it is clear that it is a converted land. Merely for the reason that in the revenue record, the land was shown as wetland, it cannot be differentiated with dry land, for the purpose of awarding compensation. It is to be noted that the Kerala Conservation of Paddy Land and Wetland Act, 2008 came into force only with effect from 12.08.2008. There was no rigor in utilising the land as a classified wetland prior to 12.08.2008. Therefore, the reference court was rightly justified in ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 7 ``` equating this land in the same category of IV and V. We have dismissed the State’s appeal preferred against enhancement of the market value in respect of category IV and V. In the light of above, we dismiss the State’s appeals. ``` ``` 4. However, in cross objection filed by the claimants, they have a case that they were only awarded Rs.1,00,000/- for injurious affection of remaining land. We had gone through the commission report and sketch. The commission report clearly states that balance land remaining useless and it cannot be put to any use. We also looked at the shape of the land in Ext.A2 sketch. We are sure that the same cannot be put to any use. As per Ext.A2(a) Area Register this would come to 3.14 Ares. In the light of the above, we are of the view that for injurious affection to that 3.14 Ares of land, compensation can be enhanced to 50% of the market value of the land fixed for the acquired land i.e., Rs.2,47,100/- per Are. ``` `5. A Single Judge of this Court in` **`Kader v. State of`** **`Kerala [2005(1) KLT 598]`** `, held that the amount awarded by` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 8 ``` way of injurious affection is also part of excess compensation. Therefore, it will carry interest. Hence the above compensation under the head of injurious affection will carry statutory interest. Thus the cross objection is allowed to the extent as above. The cross objectors also will be entitled for proportionate costs. ``` ``` In the result, LAA Nos.73 of 2017, 217 of 2017, 51 of 2018 are dismissed and CO No.48 of 2018 in LAA No.217 of 2017 is allowed to the extent as above. ``` ``` Sd/- ``` ## **`A.MUHAMED MUSTAQUE JUDGE`** ``` Sd/- SOPHY THOMAS JUDGE ``` ``` DSV/- ``` LAA Nos.73/2017, 217/2017, CO No.48/2018 in LAA No.217/2017 & LAA NO.51/2018 9 ## **`APPENDIX OF CO 48/2018`** ## **`PETITIONERS’ ANNEXURES :`** ``` Annexure A1 CERTIFIED COPY OF SALE DEED NO. 7757/2006 OF KOTHAMANGALAM SRO DATED 18.12.2006. Annexure A2 CERTIFIED COPY OF THE JUDGMENT DATED 18.02.2019 IN CONNECTED LAR 36/2012 OF SUB COURT MUVATTUPUZHA IN THE SAME NOTIFICATION. Annexure A3 TAX RECEIPT OF THE PROPERTY COMPRISED IN SURVEY NO. 1021/6A OF KOTHAMANGALAM VILLAGE DATED 27.07.2022. ``` ## **`RESPONDENTS’ ANNEXURES: NIL`**