IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 LA.App..No.480 of 2003(D) ------------------------------ LAR.158/99 OF PRL. SUB COURT, KOZHIKODE ------------------------ APPELLANT(S): CLAIMANT ----------------------------- VALAVIL DEVI, P.O. ERANHIKKAL, KARANNUR DESOM, ELATHUR VILLAGE. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE RESPONDENT(S): RESPONDENT ------------------------------------ THE SPECIAL TAHSILDAR, LA. KOZHIKODE. GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.480 of 2003 ------------------------------------------------ Dated this the 5th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. Her land in Elathur village was acquired by the Government pursuant to Section 4(1) notification published on 15/11/94 for the purpose of construction of Eranhikkal Bridge across E.K.Canal. The Land Acquisition Officer found that the land was dry land and awarded land value at the rate of Rs.10,374/- per cent. Before the Reference Court, the claimant relied mostly on Ext.A1 document reflecting a land value of Rs.30,000/- per cent. Even though the Advocate Commissioner in Ext.C1 report stated on L. A. A. No.480 of 2003 -2- the basis of his inspection and comparison of the acquired property as well as Ext.A1 property that the acquired property was superior, the learned Subordinate Judge did not become inclined to award to the appellant the rate disclosed by Ext.A1. The learned Subordinate Judge would re- fix the value at Rs.20,000/- per cent only. 2. Sri.M.C.Sen, the senior counsel for the appellant would assail the judgment of the learned Subordinate Judge. According to the learned Senior Counsel, since no objection was filed by the Government to Ext.C1 Commission Report, the court below ought to have relied on that report and awarded to the appellant at least the value reflected in Ext.A1. The submissions of the learned senior counsel were stiffly opposed by L. A. A. No.480 of 2003 -3- Smt.Bindu, the learned Government Pleader. Smt.Bindu would draw our attention to the judgment of this Court in LAA.439/07 under which properties in the same village acquired pursuant to notification dated 24/08/92 for Calicut byepass were valued by this Court at Rs.17,000/- per cent. Smt.Bindu also referred to the judgment in LAA.165/08 which was in respect of acquisition of land in Vengeri village acquired pursuant to notification dated 13/07/97. She pointed out that for that property this Court has fixed the value at Rs.22,500/- per cent only. According to her, the maximum enhancement which the appellant can ultimately aspire for is enhancement to Rs.25,875/- based on that judgment. 3. We have considered the rival submissions L. A. A. No.480 of 2003 -4- addressed at the Bar. We had occasion to decide a large number of cases pertaining to acquisition of lands in Chevayoor, Elathur and Vengeri villages of Kozhikode thaluk for the purpose of construction of Kohikode byepass. We keep in mind the decisions that we took in those cases. We notice that to the Commission Report Ext.C1, no objection has been filed by the Government. We are not convinced by the reasons mentioned by the learned Subordinate Judge for ignoring the Advocate Commissioner's Report which was to the effect that the property covered by acquisition was superior to the property covered by Ext.A1. We are of the view that the market value of the land under acquisition can be safely fixed at Rs.30,000/- per cent. Hence, allowing the appeal L. A. A. No.480 of 2003 -5- we re-fix the value of land at Rs.30,000/- per cent. The appellant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment. 4. The appeal will stand allowed as above. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-