P.N. Shanmughan and Others vs State of Kerala District Collector, Ernakulam, Corporation of Kochi and Corporation of Cochin, Ernakulam

Justice Pius C. Kuriakose

The claimants are the appellants. Their property in Ernakulam village was acquired at the instance of the Cochin Corporation for the purpose of a link road connecting Ayyappan Kavu road and Paul Abro Colony Road. The relevant Section 4(1) notification was published on 31/10/90. As against a claim of Rs. 1,50,000/- per cent the Land Acquisition Officer awarded a land value at the rate of Rs. 24,680/- per Are corresponding to Rs. 9,997/- per cent. Before the Reference Court, the appellant relied only on Ext. A1 Sale Deed. Ext. A1 Sale Deed reflected a land value of Rs. 44,534/- per Are. The learned Subordinate Judge did not become inclined to place reliance on Ext. A1 for the reason that the parties to Ext. A1 were not examined and hence, Ext. A1 has not been properly proved. We have heard the submissions of the learned counsel for the appellant and those of the learned Government Pleader. Even though the Requisitioning Authority was served with notice they have not chosen to enter appearance before this Court.

Having considered the rival submissions addressed at the Bar, we are of the view that the learned Subordinate Judge ought to have relied on Ext. A1. By virtue of the provisions of Section 51A of the Land Acquisition Act reliance could have been placed on Ext. A1 by the learned Subordinate Judge. We feel that placing reliance on Ext. A1 and giving additions for passage of four years'' time at the rate of 15% per year itself (as the property was situated in one of the most important areas of Cochin Corporation) the market value of the land under acquisition can be fixed at Rs. 72,000/- per Are. We allow this appeal and re-fix the market value of the land under acquisition at Rs. 72,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and u/s 28 of the Land Acquisition Act. The appeal is allowed. No costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted.