VINCENT JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) L.A.A. Nos.1207/2009, 1234/2009,1235/2009 & 1306/2009 are appeals preferred by the claimants and L.A.A. No.437/2010 is preferred by the Government.

(2.) UNDER challenge is a common judgment passed by the local land acquisition reference court in a few land acquisition references. The acquisition was of land abutting Sahodaran Ayyappan Road and the purpose of the acquisition was upgradation of Sahodaran Ayyappan Road. The lands involved in these appeals were situated almost by the Janatha Junction area to the west of Vyttila Junction. The LAO awarded land value at the rate of Rs.6,17,750/- per Are. Before the Reference Court, the parties adduced evidence and the same consisted of Exts.A1 to A18, R1 to R20 oral evidence of AWs1 to 6 and C1 to C4(A). The learned Subordinate Judge was not impressed by any of the documents relied on by the claimants for the purpose of getting enhancement in land value. What the learned Subordinate Judge did ultimately was to apply the rule of thumb and refix the land value uniformly at 75% above the rate awarded by the LAO. In those cases where the buildings existed on the land under acquisition, the court has granted 30% of the rates awarded by the LAO as enhanced building value.

(3.) EXT.A6 Government Order was relied on very much before us by Mr.Radhakrishnan. The learned counsel submitted that under that order, which is dated 30/3/2007, the market value has been fixed as on the date of Section 4(1) notification itself. According to him, negotiations for fixing the market value under EXT.A6 started more or less at the period of the Section 4 (1) notification. The court below discarded EXT.A6 straight away taking the view that the same is a post notification document. This should not have been done. Mr.Radhakrishnan went on to argue that apart from the amounts mentioned in EXT.P6, the beneficiaries of that order viz. Varapuzha Arch Diocese and the Cochin Deveswom Board were given all statutory benefits also.