STATE OF KERALA v. BIJU CHACKO, PULICKAL, KANIYAKKADUKARA

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 92 OF 2013 AGAINST THE JUDGMENT AND DECREE DATED 21.10.2010 IN LAR NO.23/2009 OF SUB COURT, PALA ------- APPELLANT/RESPONDENT: STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI RESPONDENT/CLAIMANT: BIJU CHACKO, PULICKAL, KANIYAKKADUKARA, PULIYANNOOR VILLAGE, PALA-686597. BY ADV.SRI.BABY THOMAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 141 OF 2013 AGAINST THE JUDGMENT AND DECREE DATED 21.10.2010 IN LAR NO.25/2009 OF SUB COURT, PALA -------- APPELLANT/RESPONDENT: STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI RESPONDENT/CLAIMANT: D.A. SWAMY, S/O.A.S.DAS, MALIKAPPURATHUPUTHENPURAYIL, KANIYAKKADU KARA, PULYANNOOR VILLAGE-686 573. BY ADV.SRI.BABY THOMAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 154 OF 2013 AGAINST THE JUDGMENT AND DECREE DATED 21.10.2010 IN LAR NO.24/2009 OF SUB COURT, PALA ------- APPELLANT/RESPONDENT IN LAR: STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI RESPONDENT/CLAIMANT IN LAR: SHAJI JACOB, KALLARACKAL HOUSE, PULIYANNOOR VILLAGE, (POWER OF ATTORNEY HOLDER OF THOMAS JACOB, KALLARACKAL HOUSE, PULIYANNOOR VILLAGE) PIN-686 573. BY ADV SRI.BABY THOMAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 543 OF 2013 AGAINST THE JUDGMENT AND DECREE DATED 21.10.2010 IN LAR NO.20/2009 OF SUB COURT, PALA ------ APPELLANT/RESPONDENT: STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI RESPONDENT/CLAIMANT: SINDHU JAYARAJAN, W/O.JAYARAJAN NAIR, PAINAPPALLIL, KONGANDOOR KARA- 686 564. BY ADV.SRI.BABY THOMAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 584 OF 2013 AGAINST THE JUDGMENT AND DECREE DATED 21.10.2010 IN LAR NO.24/2009 OF SUB COURT, PALA ----------- APPELLANT/CLAIMANT: 1 SAJAN JACOB, S/O.JACOB, KALLARAKKAL HOUSE, PULIYANNOOR VILLAGE, PALA, KOTTAYAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SHAJI JACOB, S/O.JACOB, KALLARAKKAL HOUSE, PULIYANNOOR VILLAGE, PALA, KOTTAYAM DISTRICT (NAME OF THE CLAIMANT IS WRONGLY MENTIONED AS THAT OF THE POWER OF ATTORNEY HOLDER). *2 NAME OF 2ND APPELLANT INCORPORATED SHAJI JACOB, S/O.JACOB, KALLARAKKAL HOUSE, PULIYANNOOR VILLAGE, PALA, KOTTAYAM DISTRICT, (NAME OF 2ND APPELLANT IS INCORPORATED IN THE CAUSE TITLE OF APPEAL VIDE ORDER DATED 24.2.2014 IN I.A.NO.334/2014.) BY ADVS. SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM-686 001. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 98 OF 2014 AGAINST THE JUDGMENT AND DECREE DATED 10.06.2013 IN LAR NO.21/2009 OF SUB COURT, PALA ----- APPELLANT/RESPONDENT: STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI RESPONDENT/CLAIMANT: MOLLY JOSEPH, EROORICKAL, KARIYAKKADU KARA, PULIYANOOR VILLAGE - 686 573. BY ADV.SRI.BABY THOMAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 162 OF 2014 AGAINST THE JUDGMENT AND DECREE DATED 21.10.2010 IN LAR NO.20/2009 OF SUB COURT, PALA ------- APPELLANT/CLAIMANT: SINDHU JAYARAJAN, W/O.JAYARAJAN NAIR, PAINAPPAILIL HOUSE, KONGANDOOR KARA, KOTTAYAM DISTRICT. BY ADVS. SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM-686001. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO.361 OF 2014 AGAINST THE JUDGMENT AND DECREE DATED 10.06.2013 IN LAR NO.21/2009 OF SUB COURT, PALA ------ APPELLANT/CLAIMANT: MOLLY JOSEPH, EROORICKAL KANIYAKKADU KARA, PULIYANNOOR VILLAGE, PALA, KOTTAYAM DISTRICT. BY ADVS. SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM-686001. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 10 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 LA.APP. NO. 362 OF 2014 AGAINST THE DECREE AND JUDGMENT DATED 21.10.2010 IN LAR NO.25/2009 OF SUB COURT, PALA ------ APPELLANT/CLAIMANT: D.A.SWAMY, S/O.DAS, MALIKAPPURATHU PUTHEN PURAYIL, KANIYAKKADU KARA, PULIYANNUR VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN RESPONDENT/RESPONDENT: STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM-686001. BY SPECIAL GOVERNMENT PLEADER, SMT.N.SUDHADEVI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19.01.2024, ALONG WITH LA.App..682/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App.No.682/2012 and conn.cases 11 JUDGMENT [LA.App. Nos.682/2012, 92/2013, 141/2013, 154/2013, 543/2013, 584/2013, 98/2014, 162/2014, 361/2014, 362/2014] A.Muhamed Mustaque, J . These land acquisition appeals are filed by the State as well as the claimant. These appeals are based on the land acquisition notification issued dated 02.01.2006 for the development of Pala-Kozha, Pala-Uzhavoor road. The land acquisition officer fixed the land value at Rs.16,139/- per Are. This was challenged in an appeal. This was enhanced to Rs.1,00,000/- per Are by the reference court. The claimants came in an appeal. The State also filed an appeal. In one of the matters related to LAR No.21/2009, the reference court judgment was set aside and remanded. Other appeals were filed subsequent to the remand orders. On the remand order, LAR No.21/2009, the reference court enhanced compensation at Rs.2,00,000/- per Are. All these matters have been taken up and the leading cases are LAA No.98/2014 and L.A.APP No.361/2014 are also filed against LAR No.21/2009. LA.App.No.682/2012 and conn.cases 12

2. Heard the learned Government Pleader and the learned counsel for the claimants.

3. The learned counsel for the claimants would submit that the claimants are entitled for Rs.5,00,000/- per Are(Rs.2,00,000/- per cent). According to him, the commission report and other documents show that it is located in an important locality and not far from the Kottaramattom bus stand. The learned counsel points out that in earlier judgment of this Court in LAA No.987/2009, this Court considered the value of the land in Pala Town and fixed the land value at Rs.2,50,000/- per cent. It is to be noted that the judgment in LA.Appeal No.987/09 was in respect of the acquisition of Ettumanoor- Erattupetta State Highway, though the property was situated in Pala Town in close proximity to Kurisupally Junction. Anyway, the commercial importance of that property cannot be compared to the land which is acquired from the claimants in this case. However, that clearly indicates the market value of the land prevailing in the locality. There are no other comparable documents in this matter to support the case of the claimants. The reference LA.App.No.682/2012 and conn.cases 13 court, after adverting to the commission report and all other materials, nature and location of the property, fixed the market value at Rs.2,00,000/- per Are. After adverting to the importance of the area which is approximately located two kms away from Pala Town, we are of the view that the land value can be refixed at Rs.2,50,000/- per Are. Accordingly, the claimants' appeals are allowed as above. The claimants will be entitled for consequential benefits. The State appeals are dismissed. The appellants will be entitled for a proportionate refund of the court fee. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE