State of Kerala vs Abdul Khalam, Koliyacode Represented by Power of Attorney Holder Abdul Karim

Pius C. Kuriakose, J.—This appeal preferred by the Government pertains to acquisition of land in Koliyakkode village pursuant to Section 4 (1) notification published on 13/12/2002. The Land Acquisition Officer awarded the land value at the rate of Rs. 23,136/- per Are. The learned Subordinate Judge under the impugned judgment would refix the land value at Rs. 2 Lakhs per cent. It was argued by Sri. S. Jamal learned senior Government Pleader that the refixation of land value by the learned Sub judge is excessive. The above refixataion has been made on the basis of Exts.A1 and A2 documents which were not properly proved before the Reference Court. The learned Government Pleader drew our attention to the various other judgments of this court pertaining to the acquisition of land in Koliyakkode village for the same purpose pursuant to notifications which are very proximate to the notification in the present case.

Even though the respondent was served with notice, he has not turned up before this court to resist the appeal. Thus, the submissions of the learned senior Government Pleader before us were not resisted by anybody at the Bar.

Having considered the submissions addressed by the learned senior Government Pleader and having gone through the impugned award, we are of the view that the rate presently fixed by the Reference Court is excessive. We notice the judgment of this court in L.A.A. No. 939/2009 where this court refixed the value of land in Koliyakkode village acquired for the same purpose pursuant to the section 4 (1) notification published on 21/12/2003 from Rs. 18509/- to Rs. 55,525.60/- per Are. Under that judgment, this court approved such refixation by the Reference Court. We also notice the judgment of this court in L.A.A. No. 1349/2009 which pertains to acquisition of land in the same village for the same purpose pursuant to Section 4 (1) notification published on 6/1/2003, which is just three weeks after the present notification. Under that judgment, this court refixed the land value from Rs. 17,128/- per Are to Rs. 59,000/- per Are. According to us, there will be some co-relation between values of different portions of land situated within the same local area. We are convinced that the rate of Rs. 2 Lakhs per cent presently fixed by the Reference Court is highly excessive. Placing reliance on the two judgments mentioned above, we allow this appeal and refix the market value of the land under Acquisition at Rs. 82,300/- per Are.

We clarify that we are not interfering with the cost awarded by the trial court on the trial side on the respondent. We also clarify that on the compensation as refixed by us, the claimant/respondent will be entitled all the statutory benefits.