YOOSUF KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) L.A.A. Nos.1262, 1147, 1109, 1089, 1055, 1029, 1011, 997, 988, 967 of 2009 are preferred by the claimants and the other LA.A Nos.880, 888, 916, 917, 918, 920, 989, 990, 1086 and 1087 of 2009 are preferred by the Requisitioning Authority namely the Punalur Municipality. The lands under acquisition were in Punalur village within the area of Punalur Municipality. The acquisition was on the basis of Section 4(1) notification published on 03/12/91 and 23/07/92. In the initial notification as well as in the notices issued under Section 9 (3) to the claimants, the properties were described as "Nilam". But going by the Mahazars prepared and going by the evidence adduced, it has been brought out that substantial portions of those properties were already reclaimed at the time of acquisition. The Land Acquisition Officer awarded two rates for the properties under acquisition. For properties which were enjoying the direct frontage of Kollam - Shenkotta interstate road, he awarded value at the rate of ` 2816/- per Are. For the other properties he awarded value at the rate of ` 2347/- per Are. Before the Reference Court, the claimants relied on in support of the claim for enhanced value, Exts.A1 to A9 and oral evidence of AWs.1 to 7. The court on appreciating the evidence, in the first instance would re-fix the land value at the rate of ` 12,000/- per cent for properties enjoying frontage of the Kollam - Shenkotta interstate road and for other properties at the rate of ` 10,000/- per cent. These awards were set aside by this Court on appeal by the Requisitioning Authority following the judgment in Steel Authority of India Ltd. v. State of Kerala (1995(2) KLT, 683). Pursuant to that judgment, the Requisitioning Authority came on record before the Reference Court and participated in the enquiry. On the side of the Requisitioning Authority Exts.R1 to R3 sale documents were produced and three witnesses RW1 to RW3 were examined. The Reference Court on appreciating the entire evidence which was available on record has re-fixed the value of properties enjoying frontage of Kollam - Shenkotta road involved in LAA.920/09 corresponding to LAR.4/96, L.A.A No.918/09 corresponding to LAR.11/96 and LAA. No.1086/09 corresponding to LAR.12/96 at ` 9,000/- per cent. For all the other properties the court would re-fix the land value at Rs.7,500/- per cent.

(2.) IN the appeals preferred by the claimants they have raised grounds challenging what they describe as the inadequacy in the compensation re-determined by the Reference Court whereas in the appeals preferred by the Requisitioning Authority they challenge what they describe as the excessiveness of the compensation determined by the court below.

(3.) THE appeals preferred by the Requisitioning Authority are allowed to the above extent. THE appeals preferred by the claimants are dismissed. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total re-fixed compensation to which they become eligible by virtue of the judgment. In the facts and circumstances of the cases, we order that all the claimants will be entitled to the cost on the trial side as per receipts and certificates already produced by them.