THOMAS S/O KARLOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Since all the above three appeals arise out of judgments passed by the Sub Court, Ernakulam in connected cases pertaining to the same acquisition, they were considered together and disposed through this common judgment. LAA No.287/2017 arise out of the judgment in LAR No.198/2009. LAA No.298/2017 arises out of the judgment in LAR No.200/2009. The reference court had disposed of the above said two cases through a common judgment, along with another reference case, LAR No.199/2009. LAR No.446/2017 arises out of the judgment in LAR No.201/2009. The claimants in all these cases have filed the appeals, being not satisfied with the enhancement granted by the reference court, with respect to the compensation awarded by the Land Acquisition Officer (LAO) .

(2.) The acquisition was for construction of the "Four line connectivity Road" between ICTT Vallarpadam and NH 47 at Kalamassery. The properties acquired in all these cases are situated in Mulavukad village. The acquisition was effected based on the Section 4(1) notification published on 26.10.2005. The property acquired in LAR No.198/2009 is having an extent of 77.26 Ares comprised in Sy.No.31/2-5 part. The property acquired in LAR No.200/2009 is having an extent of 634 Ares comprised in the same Sy Number of 31/2-5 Part. The property acquired in LAR No.201/2009 is having an extent of 67.06 Ares comprised in Sy.No.31/3-7. The LAO awarded land value at the rate of Rs.12, 852/- per Are in LAR No.198/2009 and 201/2009, including the acquired properties in Category No.II. The LAO had awarded land value at the rate of Rs.15, 646/- per Are in LAR No.200/2009. For fixing the land value he had relied upon 3 documents, Sale Deed Nos.5024/2005, 5018/2005 and 5138/2005 of the Sub Registrar Office, Ernakulam. The average value reflected in those documents was Rs.10, 644/- per Are. The LAO fixed land value with respect to properties included in category No.III by granting an increase of 5% on the said amount, taking into consideration of the time gap between the date of execution of those documents and the date of the acquisition. Accordingly, LAO had fixed the land value for category No.III at Rs.11, 176/- per Are. By giving 15% increase from the value fixed for category No.III, the LAO had fixed the land value for Category No.II at Rs. 12, 852/- per Are. With respect to property included in Category No.1 the land value was fixed at Rs.15, 646/- per Are by giving 40% increase from the value fixed for Category No.III. The reference court had enhanced the land value to Rs.98, 862/- per Are in LAR No.198/2009 and 201/2009. The land value refixed by the reference court in LAR 200/2009 is at Rs.1, 08, 748/- per Are, based on the finding that the property in that case is included in Category No.I.

(3.) One of the main contention raised by the appellants is that, the properties comprised in all these cases ought to have been included in Category No.I since the acquired properties in all the three cases had the benefit of access from a road situated on the side of the said properties. It is evident from the reference file which is available in the records, that the properties covered under these three cases are situated in block No.III of Mulavukad village and the nature of the properties described in the revenue records is as 'Nilam' (wet land) . In the 'notes to award' it is mentioned by the LAO that the properties were used for fish farming (chemmeenkettu) . It is further evident that, those properties which are situated adjacent to the point where the 3 metre wide road ends on the northern terminal were included in the 1st category. The said category is described in the 'notes to award' as property having access to the pathway from the 3 Metre road and the properties which are situated as Nilam/Chemmeenkettu. The properties included in Category No.I are properties situated in Block No. The properties which are not included in Category No.I are certain specified properties identified through Survey Numbers including the acquired properties in these cases, which are included in Category No.II. The properties included in Category No.III are the Nilam/Chemmeenkettu comprised in Block No.2.