SUNIL VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The claimant is the appellant. His property in Vettikavala village together with portion of his residential building had to be acquired for the purpose of widening of the main central road. The acquisition was pursuant to Section 4(1) notification published on 21/12/03. The Land Acquisition Officer awarded land value at the rate of Rs. 43,409/- per Are. The Reference Court under the impugned judgment would re-fix the land value to Rs. 80,000/- per Are. The appellant had a claim for award of compensation on account of the necessity to construct a new pathway and a new gate in view of the fact that the level of his property has come to be 1.3 metres below the level of the newly developed M.C. Road. The court appointed an Advocate Commissioner as well as a Joint Commissioner. The Joint Commissioner was a serving Assistant Engineer of the buildings section of the PWD. The Advocate Commissioner would report that the property under acquisition is situated in close proximity to the Agricultural Research Centre, Agriculture Farm Office building, KTDC's Motel Aram, Krishi Vignana Kendram, Green Valley Auditorium, Karikkom Market, Govt. E.S.I. Hospital, Vettikkavala Service Co- operative Bank, Sadanandapuram Govt. Higher Secondary School, Karikkom International School, C.M.S. School, Sadanandapuram, Anugraha Auditorium and so many establishments and institutions. The expert engineer who was appointed as a Joint Commissioner would report that for the construction of a new pathway and new gate for the purpose of accessing claimant's residential building it is to be renovated/to be given a face lift. As per the PWD schedule of rates 2009, Rs. 1,77,648/- will be required. The appellant relied on Exts.A5 and A6 documents dated 12.6.03 reflecting a land value of Rs. 1,23,457/- per Are. As per the oral evidence of AW2, the vendee, the distance between Exts.A5 and A6 properties and the acquired property is 100 metres. The appellant relied on the Commissioner's Report and Joint Commissioner's Report in support of his claim for compensation for construction of pathway and gate etc. The learned Subordinate Judge as already indicated re-fixed the land value at the rate of Rs. 80,000/- per Are without placing reliance on Exts.A5 or A6. He awarded Rs. 45,000/- towards the construction of the pathway and the gate. The amounts awarded by the Reference Court is inadequate, it is urged in the appeal. We have heard the submissions Sri. Anil S. Raj, the learned counsel for the appellant and those of Sri. S. Jamal the learned Senior Government Pleader. Drawing our attention to various items of evidence, particularly Exts.A5 and A6 and the reports submitted by the Commissioner and Joint Commissioner, Sri. Anil S. Raj would argue that the compensation awarded is inadequate.

(2.) Per contra, Sri. Jamal the learned Senior Government Pleader would submit that the learned Subordinate Judge has awarded reasonable compensation and there is no justification for increasing the same.

(3.) We have given our anxious consideration to the rival submissions addressed at the Bar. We have carefully gone through the impugned award. We have made a re-appraisal of the evidence, particularly those items to which our attention was drawn by Sri. Anil S. Raj. The reasons stated by the learned Subordinate Judge for discarding Exts.A5 and A6 completely is that the comparability of Exts.A5 and A6 has not been brought out through the Commissioner's Report. The above reason cannot be said to be totally unsound. As the appellant had actually taken out a commission, yet the appellant did not want the Commissioner to make a comparison of the acquired property and the property covered by Exts.A5 and A6. But on going through AW2's evidence we find that his version in chief examination has not been shaken much in cross examination. As regards the distance between the acquired property and the property covered by Exts.A5 and A6 also there is no serious challenge. We are of the view that to a certain extent Exts.A5 and A6 can be relied on and the market value of the land under acquisition can be re-fixed at Rs. 1,05,000/- per Are. Accordingly we re-fix the land value of the property under acquisition at Rs. 1,05,000/- per Are.