Sebastian Thomas S/o. Thomas Vattamkuzhiyil v. State of Kerala
2025-05-22
M.A.ABDUL HAKHIM
body2025
DigiLaw.ai
JUDGMENT : M.A.Abdul Hakhim, J. 1. These appeals are filed by claimants claiming enhancement of compensation. These three Land Acquisition Appeals arise from a common judgment by which three Land Acquisition references were disposed of. L.A.A. No.152/2015 arises from L.A.R. No.7/2012 in which the land acquired is 2.09 Ares. L.A.A. No.153/2015 arises from L.A.R. No.8/2012 in which the land acquired is 7.41 Ares. L.A.A. No.162/2015 arises from L.A.R. No.9/2012 in which the land acquired is 2.01 Ares. 2. The land was acquired for widening M.C Road as per Section 4(1) Notification dated 27/12/2018. In all these cases awards were passed on 17/12/2011, awarding compensation fixing land value @ Rs.83,218/- per Are. All the lands were included in category No.D which is dry land having road frontage. On the side of the claimants, AW1 to AW4 were examined and Exts.A1 to A7 documents were marked. On the side of the respondents RW1 was examined and the Reference Files in all the cases were marked as Exts.B1 to B3. Commission Reports obtained in two of the cases were marked as Exts.C1 and C2. 3. The Reference Court answered the reference granting compensation fixing the land value @ Rs.1,75,647/- per Are. These appeals are filed claiming enhancement from the land value awarded by the Reference Court. 4. I heard the learned counsel for the appellant Sri.P.C. Haridas and learned Sr. Government Pleader Smt. Rekha C. Nair for the respondents. 5. The learned counsel for the appellant contended that the Reference Court relied on Ext.A2 document and fixed land value. With respect to another property belonging to the very same category in the very same acquisition, the respondents have granted DLPC rate of Rs.1,26,000/- per cent and the same is proved by Ext.A4 document obtained under the RTI Act. The The learned counsel invited my attention to the details of the Category D available in Exts. B1 to B3 files, in which Ext.A4 property and the acquired properties are included in category D. The learned Counsel claimed land value equivalent to the land value awarded in Ext.A4. 6. The learned Government Pleader opposed such prayer contending that the DLPC price is calculated including 30% solatium and 12 % Additional Land Value from the date of 4(1) Notification to the date of Award. 7. I have considered the rival contentions. 8.
6. The learned Government Pleader opposed such prayer contending that the DLPC price is calculated including 30% solatium and 12 % Additional Land Value from the date of 4(1) Notification to the date of Award. 7. I have considered the rival contentions. 8. It is clear from Exts.B1 to B3 Reference files that the properties acquired in the aforesaid three References and Ext.A4 property belongs to the very same D category. The Reference Court has awarded land value fixing Rs.1,75,647/- per Are equivalent to Rs.71,083/- per cent. As per Ext.A4, Rs.1,26,000/- per cent is awarded to the land owner therein. As rightly pointed out by the leaned Sr. Government Pleader the said DLPC price is fixed taking into account the additions of 30% Solatium and 12% Additional Land Value. The bare land value could be found only after excluding those additions. The difference between the date of Section 4(1) Notification and the date of award is roughly 3 years (from 27/12/2008 to 17/12/2011). In such case, apart from the 30% Solatium, the addition on account of Additional Land Value is 36 % (12%X3). The land value of Rs.1,26,000/- per cent in Ext.A4 includes 66% addition on account of additions of Solatium and Additional Land Value. If Solatium and Additional Land Value is deducted from the said amount of Rs.1,26,000/- per cent, the land value awarded as per Ext.A4 would be Rs.75,903.61 per cent (1,26,000 / 166 X 100), which is equivalent to Rs.1,87,557.82 per Are. The said amount can be rounded to Rs.1,87,600/- per Are and land value can be fixed in accordance with that in these cases. 9. Accordingly, I fix the land value in these cases @ Rs.1,87,600/- per Are. The appellants are entitled to get additional compensation @ Rs.11,953/- per Are in these appeals. 10. In L.A.A. No.152/2015 the appellant is entitled to get an additional compensation of Rs.24,982/- (Rs.11,953/- X 2.09). In L.A.A. No.153/2015 the appellant is entitled to get an additional compensation of Rs.88,572/- (Rs.11,953/- X 7.41). In L.A.A. No.162/2015 the appellant is entitled to get an additional compensation of Rs.24,026/- (Rs.11,953/-X 2.01) 11. Accordingly, these appeals are allowed in part with the following : 1. L.A.A. No.152/2015 is allowed granting an additional compensation of Rs.24,982/-. 2. L.A.A. No.153/2015 is allowed granting an additional compensation of Rs.88,572/- . 3. L.A.A. No.162/2015 is allowed granting an additional compensation of Rs.24,026/- . 4.
Accordingly, these appeals are allowed in part with the following : 1. L.A.A. No.152/2015 is allowed granting an additional compensation of Rs.24,982/-. 2. L.A.A. No.153/2015 is allowed granting an additional compensation of Rs.88,572/- . 3. L.A.A. No.162/2015 is allowed granting an additional compensation of Rs.24,026/- . 4. The appellants are entitled to get 30% Solatium on the said additional compensation amounts. 5. The appellants are entitled to get 12% Additional land value on the said additional compensation amounts for the period from 27/12/2008 to 17/12/2011. 6. The appellants are entitled to get interest @ 9% per annum for one year from the date of award and interest @ 15% per annum thereafter till deposit of the compensation, on the said additional compensation amounts. 7. The Appellants are entitled to get proportionate costs. 8. The 1 st respondent is granted two months time to deposit the said compensation amounts.