IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 LA.App..No. 1590 of 2009(B) -------------------------------- LAR.258/2000 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT. ------------------------------ GEORGE, S/O. FRANCIS, KINARUVILA VEEDU, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SMT.REKHA VASUDEVAN SRI.S.SREEDEV RESPONDENT(S): RESPONDENTS. ------------------------------------- 1. THE SPECIAL TAHSILDAR, LAND ACQUISITION (N.H.), KOLLAM, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1590 of 2009 ------------------------------------------------ Dated this the 21st day of July, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His land in Thrikkadavoor village with improvements including a residential building was acquired for the purpose of Kollam Byepass. The acquisition was pursuant to Section 4(1) notification published on 30/03/96. He was awarded land value at the rate of ` 13,627/- per Are. The Reference Court on evaluating the evidence which came on record re-fixed the land value at ` 21,803/- per Are. For the building and other improvements on the property, the Land Acquisition Officer has awarded a total amount of ` 23,006/- to the appellant. Though evidence was adduced, the Reference Court did not grant any enhancement. Our attention is drawn by Smt.Josephina, the learned Government Pleader to the judgment of this Court in L.A.A.221/11 under which the value L. A. A. No.1590 of 2009 -2- of land in the same village acquired for the same purpose but pursuant to an earlier notification dated 30/05/95 has been re-fixed. It is pointed out that this Court under the above judgment did become inclined to award only 45% increase on the land value over what was awarded by the Land Acquisition Officer. According to Smt.Josephina, what is now awarded towards enhancement in land value is more than that. Hence, there is no warrant for granting further enhancement. 2. We do notice merit in the above submission. But as rightly argued by Sri.S.Sreedev, the learned counsel for the appellant, the learned Subordinate Judge could have awarded reasonable enhancement in the compensation awarded by the Land Acquisition Officer for the improvements. We feel that on the evidence which is available in the case there was justification for awarding a further amount of ` 8,500/- to the appellant as additional compensation for value of improvements. Allowing this appeal, we award to the appellant ` 8,500/- over and above L. A. A. No.1590 of 2009 -3- what is awarded by the Reference Court. The appeal is allowed to the above extent only. The enhancement awarded under this judgment will carry statutory benefits. However, while decree is drafted and provision is made for interest under Section 28 the Section will have due regard to the conditions imposed by this Court for condoning the delay. Decree copy will be issued only after ensuring that those conditions are complied with and the full court fee payable on the appeal memorandum is remitted. 3. Under the above circumstances, the appellant will be entitled for proportionate costs in the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.1590 of 2009 -4-