DIRECTOR KILA , MULAMKUNNATHUKAVU, THRISSUR Vs. RUKIYA

JUDGEMENT

(1.) These appeals have been filed challenging the common judgment passed by the 2nd Additional Sub Court, Thrissur on 25.8.2014 in seven Land Acquisition Reference cases. The appeal has been filed by the requisitioning authority challenging the enhancement of the land value by 20% on the amount awarded in the Award.

(2.) Heard. An extent of about 5 acres of land was acquired for the purpose of development of the Kerala Institute for Local Administration (for short, KILA). Claiming that the compensation granted by the Land Acquisition Officer was inadequate, the landowners sought reference under Section 18 of the Land Acquisition Act, which resulted in Land Acquisition Reference cases numbered as LAR Nos. 3 to 9 of 2010 before the Sub Court, Thrissur. Except LAR No.7 of 2010, the landowners in the other cases were members of the same family and the properties belonging to them where lying as a compact plot. They were also the legal heirs of their predeccessor in interest who was the sole title holder in his lifetime.

(3.) The Land Acquisition Officer had categorised the properties into 2 categories; as those with road frontage and those without and awarded land value at a reduced rate for the lands without road frontage. The landowners challenged such a categorisation on the ground that the entire property was lying as a single plot and they intended to develop the entire extent and construct residential apartments. According to the landowners, there cannot be an artificial categorisation of these properties as land with road frontage and land without road frontage. The award was based on the price shown in the basic document which was produced as Exhibit A2 before the Reference Court. The Reference Court fixed the land value at 20 % above the value shown in the said document. This was done since the land comprised in Exhibit A2 had lesser road frontage compared to the acquired property. The requisitioning authority has challenged the finding of the Reference Court on the ground that there cannot be any addition on the basis of such road frontage.