IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 LA.App..No. 1767 of 2002() -------------------------- LAR.173/2000 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT IN LAR.173/2000 OF S.C., ERNAKULAM. ---------------------------------------------------------- PADMINI, D/O. SMT.NARAYANI, MOTHAYIL HOUSE, EROOR, ERNAKULAM DISTRICT. BY ADV. SRI.T.K.RADHAKRISHNAN SMT.K.L.SREEDEVI RESPONDENT(S): RESPDNTS.IN LAR.173/2000 OF SUB COURT, ERNAKULAM. ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SPL. TAHSILDAR (LA), KOCHI REFINERIES, VYTTILA, KOCHI-19. 2. THE AREA MARKETING MANAGER, B.P.C. LTD., DR.SALIM ALI ROAD, KOCHI. BY ADV. SRI.A.M.SHAFFIQUE BY GOVT.PLEADER SMT.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2009, ALONG WITH L.A.A. NO.720/2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A. Nos. 720 & 1767/2002 ------------------------ Dated this the 25thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. These are appeals preferred by the claimants. Lands in Nadama Village were acquired at the instance of the second respondent B.P.C. Ltd. for the purpose of laying pipe line. Relevant Section 4 (1) notification was published on 15/2/1997. The Land Acquisition Officer included the properties into five categories. These appeals are concerned with properties in categories 1 and 2 only. For properties in Category 1/properties having direct frontage of Eroor – Thirupuntira Main Road, the Land Acquisition Officer awarded land value at the Rate of Rs.1,22,000/- per Are. For these categories, the reference Court on the basis of the evidence which comes on record, would refix the value at Rs.1,58,600/- ( wrongly noted in the judgment as 1,78,600/-). It was relying on Ext.A1 document that the Learned Subordinate Judge made such refixation. The learned Sub Judge made a cut of 25% on Ext.A1 and refixed the value at Rs.1,58,600/-. For the properties in category 2, what the L.A.A.No.720 & 1767/2002 2 learned Sub Judge did was to follow the ratio maintained by the Land Acquisition Officer between the properties in categories 1 and 2 and refixed the value of properties in category B at 20% less than the property in category A i.e. to award 1,26,880/-. 2. Having heard the submissions of Sri.T.K.Radhakrishnan, learned counsel for the appellants/claimants, and Smt.Thusara James, learned counsel for the requisitioning authority and those of Sri. Basant Balaji, learned Senior Government Pleader and having scanned the impugned judgment and having reappraisal of the evidence on record, we feel that relying on Ext.A1 itself, a slight increase could have been given and the market value of the properties in category 1 can be correctly refixed at Rs.1,60,000/- per Are. Similarly on the basis of value of the properties in category 1, value of the properties in category 2 could have been refixed at Rs.1,28,000/- per Are. 3. Accordingly, we refix the value of properties in category 1 at Rs.1,60,000/- per Are and properties in category 2 at Rs.1,28,000/- per Are. Both the above appeals will stand allowed to the above extent. But, no order as to costs. It is needless to mention that the claimants will be entitled L.A.A.No.720 & 1767/2002 3 for all statutory benefits under Section 23 (1A), 23 (2) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of our fixation of the compensation. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk L.A.A.No.720 & 1767/2002 4 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. - ----------------------- L.A.A. Nos. 720 & 1767/2002 ------------------------ JUDGMENT 25th September,2009