IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 LA.App..No. 28 of 2011() ------------------------ LAR.328/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): (CLAIMANTS IN THE L.A.R.) --------------------------------------- 1. SHAMSUMMA RASHEED, W/O.LATE RASHEED, OLLAPPILLI HOUSE, HOUSE NO.1644/329 (NEW), ELAMAKARA POST, KOCHI-26, ERNAKULAM DISTRICT. 2. SHABEENA RASHEED, D/O.RASHEED (LATE), OLLAPPILLI HOUSE, HOUSE NO.1644/329 (NEW), ELAMAKARA POST, KOCHI-26, ERNAKULAM DISTRICT. 3. RAHNA RASHEED, D/O.RASHEED (LATE), OLLAPPILLI HOUSE, HOUSE NO.1644/329 (NEW), ELAMAKARA POST, KOCHI-26, ERNAKULAM DISTRICT. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): (RESPONDENTS IN THE L.A.R.) ------------------------------------------ 1. THE STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR, (LA) NH-NO-1, KAKKANAD, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLOOR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 28 OF 2011 ------------------------ Dated this the 20th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their property situated in Edappally North Village was acquired by the Government pursuant to Section 4(1) notification published on 14/3/2002 for the purpose of development of NH-17. Their property was included by the Land Acquisition Officer in category 4 i.e. properties enjoying the frontage of metaled Corporation road. The court below on evaluating the evidence came to the conclusion that this property was enjoying an additional facility of access to direct frontage of Society road also. Accordingly, the Court below found that this property is slightly superior to the properties included in category 4. Even though the claimants produced documents Exts.A1 to A6 in support of their claim for enhanced land value, the court below did not become incline to place specific reliance on any of them. 3. Having gone through the impugned judgment, we are of LA.A..No.28/2011 2 the view that the court below was justified in not relying on any of those documents. What the court below ultimately did was to rely on Ext.A7 judgment of the same court in another case, notice the superiority of the present property over the properties under category 4 and refix the value at Rs.1,58,000/- per Are. 4. Having considered the submissions addressed by Sri.Abdul Salam, learned counsel for the appellants and Smt.Latha T.Thankappan, learned senior Government Pleader and having made a quick redressal of the evidence and having taken into account decision taken by this court in other cases pertaining to the same acquisition, we are of the view that there is justification for awarding 70% increase to the appellants towards land value over what was awarded by the LAO. Accordingly, we refix the market value of the land under acquisition at Rs.1,82,275/- per Are. 5. There was a structure on the acquired property, for which the Land Acquisition Officer had awarded to the appellants total amount of Rs.1,56,271/-. The court below granted an enhancement of 15% over that amount (coming to LA.A..No.28/2011 3 Rs.23,440/-) as enhanced value towards structure. We feel that learned Subordinate Judge was a little miserly while awarding enhanced compensation for the structure which existed on the acquired property. We award to the appellants further amount of Rs.,22,440/- towards further compensation for the structure. The appeal will stand allowed to the above extent. The appellants will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) an Section 28 of the L.A.Act to which they become eligible by virtue of this judgment. However, while calculating the interest under Section 28, the Registry will have due regard to the conditions imposed by this court in its order dated 21/12/2010 in C.M.Apln. 2126/2010. The Registry will ensure that the conditions imposed therein have been complied with before issuing the certified copy of the decree. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk