STATE OF KERALA Vs. V.J.MATHEW

JUDGEMENT

(1.) These appeals are filed under Sec. 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short, the "Act 30 of 2013"]. The common question involved in all these cases is how the value has to be determined under Sec. 26 of the Act 30 of 2013. L.A.A. Nos.46/2019 and 107/2019:

(2.) These appeals are filed by the claimant and the State respectively. On a reference under Sec. 64 of the Act 30 of 2013, the reference authority the Additional District Judge, Ernakulam, enhanced the market value. The claimant V.J.Mathew was the owner of 2.06 Ares of land in Ernakulam Village in the heart of Ernakulam town. This was acquired pursuant to the notification issued under Sec. 4(1) of the Land Acquisition Act, 1894 dtd. 25/12/2012 for the purpose of Seematti Corridor of the Metro Rail Project. The Land Acquisition Officer passed an award under Sec. 24(1) of the Act 30 of 2013 on 5/4/2017 awarding Rs.52,12,721.00 per Are and also awarded compensation of Rs.21,52,784.00 for the structural value. The land value was enhanced by the reference court to a sum of Rs.3,82,66,253.00. The reference court also awarded a 12% additional market value under Sec. 30(3) of the Act 30 of 2013 in respect of value of structures. The reference court placed reliance on the Ext.A1 document executed on 15/11/2007 and gave a cumulative increase of 12% each per year of the land value shown in Ext.A1. The land value in Ext.A1 is Rs.1,16,09,907.00. Challenging the award as above, the State has preferred the appeal. The claimant also preferred the appeal as not satisfied with the award. The claimant claimed further enhancement based on Ext.A3 to Ext.A5 judgments. Exhibit A2 is the certified copy of the sale deed dtd. 19/1/2011. Exhibits A3 and A4 are the judgments in the land acquisition matter under Land Acquisition Act, 1894. The reference court did not rely on Exhibits A2 to A5 as the Commissioner had not referred to the potentiality of the land. L.A.A. No.49/2023 and Cross Objection No.58/2023:

(3.) In this appeal also the land belonging to the claimant having an extent of 0.73 Ares with a building was acquired for the purpose of widening Banerji Road in connection with Kochi Metro Rail Project. Sec. 4(1) notification under the Land Acquisition Act, 1894 was issued on 15/6/2011. Land value was awarded at Rs.65,10,725.00per Are, and Rs.2,16,58,858.00 towards the value of the building. The reference court gave a further enhancement of the land value at Rs.62,29,922.00. The reference court also allowed 12% market value under Sec. 30(3) to the building. While fixing the land value, the reference court relied on Ext.A1 a sale deed executed on 15/11/2007 and also Ext.A2 dtd. 20/1/2011. Ext.A2 was not relied by the Land Acquisition Officer stating that the value in Ext.A2 is fancy price. The claimant also filed cross objection as the reference court did not rely on Exts.A3 and A4 judgments in reference under the Land Acquisition Act, 1894.