IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 LA.App..No. 203 of 2009() ------------------------- LAR.5/2007 of SUB COURT, PALA .................... APPELLANT(S): CLAIMANT: ----------------------------------------- T.C. JOSEPH, THOTTAPPALLIL HOUSE, MANAKKAPARAMBIL LANE, AZAD ROAD, KALOOR, KOCHI-17. BY SRI.GRASHIOUS KURIAKOSE, SENIOR ADVOCATE RESPONDENT(S): RESPONDENT: ------------------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss LAA NO.203/2009 APPENDIX PETITIONERS' ANNEXURE: ANNEX.1: COPY OF THE JUDGMENT DTD. 14/10/08 IN LAR NO.139/07 OF THE SUB COURT, PALA. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 203 of 2009 --------------------------------- Dated this the 27th day of September, 2011 JUDGMENT Pius C.Kuriakose ,J. Claimant is in appeal. His property in Thalappalam Village was acquired by the Government for the upgradation of Ettumanoor-Poonjar Highway. He was awarded land value at the rate of Rs.13514/- per Are. The reference court enhanced the same to Rs.35,000/- per Are on the basis of the evidence which came on record. In this appeal the grounds raised is that the enhancement granted by the Reference Court is inadequate. It is urged at Ground No.G that LAR No.139/2007 which was in respect of interior property the same reference court had fixed land value at Rs.45,000/- per Are. Accordingly, he contended that there is justification for awarding more than the land value given in LAR.No.139/2007. 2. Heard Sri.Grashious Kuriakose, learned senior counsel for the appellant. He submitted that on the evidence on record the learned Subordinate Judge could have awarded much LAA.NO.203/2009 2 more towards the land value and even further amount towards value of the Kayalla (compound wall) which existed the property under acquisition and other improvements. Learned Government Pleader Sri.V.T.K.Mohanan however would oppose the submissions. He would however fairly concede that in LAA.No.1180/2010 this court had refixed the land value in Thalappalam Village acquired for the same purpose at Rs.47,000/- per Are. In reply Sri. Grashious Kuriakose submitted that the Land Acquisition Officer himself awarded a higher rate of land value to the appellant than to the party in LAA.No.1180/10. He requested that a rate higher than the rate given in LAA.No.1180/2010.. Having anxiously considered the rival submissions at the bar and having carefully gone through the judgment in LAA.No.1180/10 we are of the view that the value of the land under acquisition can be reasonably fixed at Rs.51,700/- per Are. Accordingly, we refix the land value at Rs.51,700/-. Eventhough learned senior counsel made very persuasive submissions for enhancement towards the value of improvements and structures including the compound wall we are not LAA.NO.203/2009 3 persuaded to accept those submissions. Appeal is allowed only to the extent of refixing the land value at Rs.51,700/- per Are. The appellant will be entitled for statutory benefits on the refixed compensation admissible under section 23(1A), 23(2) and 28 of the Land Acquisition Act. Both parties are directed to suffer their respective costs. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.NO.203/2009 4