IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 LA.App..No. 603 of 2011() ------------------------- LAR.152/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S): CLAIMANTS ----------------------- 1. THEKKEDATH JANAKI, AGED 52 YEARS, D/O.KANNAN, RESIDING AT KARIYANKODE, P.O.CHATHAMATH, PEROLE VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. 2. THEKKEDATH KALLYANI, AGED 61 YEARS, D/O.KANNAN, RESIDING AT KARIYANKODE, P.O.CHATHAMATH, PEROLE VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S): REFERRING OFFICER & RESPONDENTS 1 AND 2 ------------------------------------------------------ 1. THE SPECIAL TAHASILDAR(LAND ACQUISITION) NATIONAL HIGHWAYS, KANNUR. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, KANNUR. 3. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, KASARGODE. BY GOVT.PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No. 603 OF 2011 ------------------------ Dated this the 18th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are appellants. Their land with yielding trees in Perole Village of Kasaragod District was acquired for the construction of railway over bridge pursuant to Section 4 (1) notification published on 17/6/2000. The Land Acquisition Officer awarded land value at the rate of Rs.441.49 per cent. For the portion of the land, where the yielding trees stood, compensation was awarded by adopting the method of capitalisation of income from the yielding trees. The Reference Court on evaluating the evidence adduced by the parties, would refix the land value at Rs.6910.20 per cent. As the method of capitalisation of income was substituted by the method of land value, the Reference Court deducted the compensation paid by the LAO towards capitalisation of income from the total land value awarded . LAA.No.603/2011 2 2. We have heard the submissions of Mr. Jawahar Jose learned counsel for the appellants and those of Sri.C.R.Shyamkumar learned senior Government Pleader for the respondents. Mr.Jawahar Jose drew our attention to the judgment of this court in L.A. A. Nos. 293/2011 and 258/2011. The learned counsel submitted that under those judgments this court has finally fixed the correct market value to be awarded is 150% of the amounts determined by the Reference Court and in this particular case, the market value will have to be determined at Rs.17,250/- per cent. 3. Submissions of Mr.Jawhara Jose were opposed by the learned senior Government Pleader Mr.Shyam Kumar. He drew our attention to paragraph 11 of the impugned judgment and submitted that it is clear that the property under acquisition in this case did not have the advantages of comparable with the properties which were subject matter of the judgments referred to by the learned counsel for the appellants. 4. Having considered the submissions addressed at the Bar, we are of view that the appellants herein are entitled to land value at the rate of Rs.17,000/- per cent at least. We allow LAA.No.603/2011 3 this appeal and refix land value of the property under acquisition at Rs.17,000/- per cent. It is ordered that from the total compensation calculated as above, the total amount paid to the appellants as compensation by adopting the method of capitalisation of income from the yielding trees will be deducted. The appellants will be entitled for all statutory benefits subject to the conditions imposed by this court in C.M.Appln. No.1374/2011. The parties will suffer their respective costs in this appeal. Decree copy will be issued only after ensuring that the full court fee payable on the appeal memorandum is remitted and the conditions imposed in the order in C.M.Appln. No.1374/2011 are complied with. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk LAA.No.603/2011 4