RAJESH VALEL PUTHUVALIL Vs INLAND WATERWAYS AUTH.OF INDIA
Bench: T.S. THAKUR,C. NAGAPPAN
Case number: C.A. No.-006396-006396 / 2014
Diary number: 30737 / 2012
Advocates: MOHIT ABRAHAM Vs
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6396 OF 2014 [Arising out of Special Leave Petition (Civil) No.31619 of 2012]
Rajesh Valel Puthuvalil & Anr. .. Appellant(s)
-vs-
Inland Waterways Authority of India & Anr. .. Respondent(s)
J U D G M E N T
C. NAGAPPAN, J.
1. Leave granted.
2. This appeal is preferred against the judgment and final
order dated 30.3.2012 passed by the High Court of Kerala at
Ernakulam in L.A.A. no.995 of 2010.
3. The property of the appellants herein, both land and
structures situated at Alappad Village at Karunagappally Taluk
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of Kollam District was acquired at the instance of respondent
no.1 herein, for the purpose of widening the narrow stretches
of National Waterways no.3 and award came to be passed.
Dissatisfied with the award the appellants/claimants preferred
reference and the Reference Court re-determined the land
value and the value of the building, by enhancing it.
Challenging the same, respondent no.1 herein preferred
appeal and the High Court confirmed the land value re-
determined by the Reference Court and at the same time
reduced the value of the structures from a sum of
Rs.4,45,000/- to a sum of Rs.3,50,000/-. Aggrieved by the
same the appellants/claimants have preferred the present
appeal.
4. The learned counsel for the appellants strenuously
contended that the High Court committed an error in reducing
the compensation for the building on the basis of guess
estimate discarding the objective material in the form of
Ext.C-3 Valuation Report available on record, resulting in
grave injustice to the appellants. Per contra, the learned
counsel appearing for the respondents contended that the
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High Court taking into account the total area and the year of
construction has re-determined the value of the structures
and it does not call for any interference.
5. Admittedly, the total area of the building was 758 Sq. ft.
and the Land Acquisition Officer awarded a sum of
Rs.1,43,430/- towards value of structure. No records were
produced to show as to how the said valuation was made by
the respondents. In the Reference Court the appellants
herein/claimants took out a Commission to fix the value of the
building and the Commissioner was assisted by AW-2 a retired
Assistant Executive Engineer who valued the building and
prepared Ext.C-3 Valuation Report and Ext.C-4 Plan. Ext.C-1
and C-2 are Mahazar prepared by the Commissioner and his
Report respectively. The value of the building was assessed
at Rs.4,93,000/- and as the building was 12 years old,
depreciation was calculated and after deduction the net value
was arrived at Rs.4,45,000/- and the Reference Court
accepted the same. The High Court held that having regard
to the cost of construction of the building in the year 1997 the
value of construction fixed by the Reference Court is on the
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higher side and re-fixed the value of the building at
Rs.3,50,000/- on guess estimate. In the facts of the case, we
find force in the submission of the learned counsel for the
appellants that guess estimate is not warranted when
material evidence in the shape of Ext.C-3 Valuation Report is
available on record. As already seen, there is no rebuttal
evidence adduced by the respondents insofar as the valuation
of the building is concerned and the High Court committed
error in resorting to guess estimate for reducing the value of
the building and the impugned judgment in this regard is
liable to be set aside.
6. The appeal is allowed and the impugned judgment of
the High Court insofar as re-fixing the value of structures
concerned is set aside and its determination made by the
Reference Court is restored. No costs.
……..…………………...J. (T.S. Thakur)
……………………………J. (C. Nagappan)
New Delhi; July 15, 2014.