RATNAKARAN Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The claimants are the Appellants in all these appeals. The properties were in Nadakkuthazha village and all the properties were within the area of Vadakara Municipality. The acquisition was for the construction of Palolippalam Bridge. The date of last publication of the relevant Section 4(1) notification was 05/04/06. The Land Acquisition Officer awarded land value at the rate of Rs. 22,290/- per cent. Before the Reference Court, the Appellants relied on Exts. A1, A2 and A3 apart from the Advocate Commissioner's Report Exts. C1 to C7. The learned Subordinate Judge did not become inclined to place reliance on any of the documents produced by the Appellants and for that matter by the Respondents. Ultimately what the court did was to rely on its own judgment in LAR. 1/08 and LAR. 2/08 under which the land value had been re-fixed to Rs. 35,500/-.

(2.) In this appeal various grounds are raised urging that the market value re-determined by the court is grossly inadequate. Sri. U.K. Devidas, the learned Counsel for the Appellant addressed strenuous arguments before us on the basis of various grounds. The learned Counsel submitted that there is no justification for discarding Ext. A1 which is a court award which has attained finality. He further submitted that against the two judgments relied on by the court suo motu there were appeals by the claimants and this Court considering those appeals has re-fixed the market value at Rs. 50,000/-. The learned Counsel, hence, requested that the appeals be allowed and the market value be re-fixed at Rs. 50,000/- per cent. The submissions of Sri. Devidas were opposed by Smt. Latha T. Thankappan, the learned senior Government Pleader. She would however, draw our attention to the judgment of this Court in L.A.A. 646/09 and connected cases which was in respect of acquisition of land pursuant to an earlier notification (dated 10/04/05) for the purpose of widening of the National Highway between Kozhikode and Kannur. The properties there were situated within the limits of Vadakara Municipal town. The learned Government Pleader submitted that under that judgment the market value of the land has been re-fixed at Rs. 45,000/- per cent. According to the learned Government Pleader the maximum value that can be given to the Appellant is Rs. 45,000/- per cent.

(3.) We have very anxiously considered the rival submissions. We are of the view that Ext. A1 reflecting a land value of Rs. 50,000/- per cent and the judgment of this Court in L.A.A. 646/09 are relevant materials for determining the correct market value of the land under acquisition. We are not inclined to accept the argument of Sri. Devidas that market value should be re-fixed on the basis of the appellate judgment against LAR. 1/08 and LAR 2/08. As indicated already, the Appellants never placed reliance on those judgments. It was the court which placed reliance on those judgments. The Appellant relied on Exts. A1 and A2 only. We find that under the common judgment of this Court in L.A.A. 646/09 the market value of lands abutting national Highway within the area of Vadakara municipality has been re-fixed at Rs. 45,000/- only. But we further notice that there is a time gap of one year between the two notifications - the notification in that case and the present case. Noticing the superiority of the property covered by the judgment in L.A.A. 646/09 series we are of the view that the Appellant need be given only addition of Rs. 3,000/- per cent on the value awarded under the above common judgment. Hence, we allow these appeals to the extent of re-fixing the market value of land at Rs. 48,000/- per cent. The Appellants will be entitled for all statutory benefits also. However, while drafting the decree the Section will have due regard to the conditions imposed by this Court while condoning the delay in L.A.A. 481/10 and L.A.A. 1162/10. These appeals are allowed to the above extent, however, without any order as to costs.