STATE OF KERALA Vs. BERKUMANS

JUDGEMENT

(1.) These are all appeals preferred by the Government challenging enhancement of land acquisition compensation, awarded by the Subordinate Judges Court, Thiruvananthapuram in land acquisition reference cases. The reference cases pertained to acquisition of land in Muttathara Village within the limits of Thiruvananthapuram City for the construction of Moonathumukku bridge and approach road. The relevant S.4(1) notification was published on 16/02/2001. The land acquisition officer categorised lands under acquisition into two categories. Properties in category No. 1 were properties which had direct frontage of road and properties in category No. 2 were properties which did not have such frontage. For properties in category No. 1, the land acquisition officer awarded land value at the rate of Rs.42,538/-per Are and for the properties in category No. 2, he awarded land value at the rate of Rs.34032/-.

(2.) Before the reference Court, the parties in the first four cases which pertain to acquisition of land in category No. 2 relied on Ext. A1, copy of sale deed No. 3482/99 of Sub Registry, Thiruvananthapuram and in the remaining cases pertaining to lands in category 1, the evidence on the side of the claimants mainly consisted of Ext. A1, copy of sale deed No. 558/99 of the Sub Registry, Thiruvananthapuram. The oral evidence in the first four cases was given by the claimants alone. In the first four cases, the claimants did not take out any commission for having a comparative assessment of the properties covered by Ext. A1 relied on by them and the properties under acquisition. Those claimants did not take out even a commission to substantiate their claim for compensation on account of diminution of land value of reminder properties and also on account of enhanced land value for the structures which exist on the properties. In the other cases however a commission was taken out and the Commissioner filed his report. Advocate Commissioner was examined also.

(3.) On an evaluation of the evidence, the reference Court enhanced the value of properties in category No. 1 to Rs.1,40,000/- per Are. This the learned Judge did, relying on the recitals in the documents produced by the claimants and the oral testimonies of the claimant. In the cases pertaining to acquisition of properties in category No. 1, the reference Court virtually accepted the Commissioner's Report and the testimony of Commissioner and awarded compensation at various rates stated in the judgments towards value of structures and also towards shifting charges wrongly referred in some of the cases as compensation for loss of earnings. Surprisingly, even in those cases pertaining to acquisition of land in category No. 2 where no commission had been taken out and reports obtained, the Court would award enhanced compensation towards value of structures and also towards diminution of land value.