IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 LA.App.No.641 of 2007 ---------------------------- LAR.641/1998 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANTS/CLAIMANTS: ------------------------------- 1. MADHUSUDHANAN, S/O. LAKSHMIKUTTI AMMA, KOTTARAPPATTU VEETTIL, KIZHAKKEPRAM, NOW RESIDING AT PADIKKAL VEETTIL, WARD NO.17, PARAVUR SOUTH. 2. BALAMANI AMMA, D/O. LAKSHMIKUTTI AMMA, KALADIPARAMBIL, ACHANKAVALA, MADAKKATHANATH, ERNAKULAM DISTRICT. 3. VALSALAKUMARI, D/O. LAKSHMIKUTTY AMMA, NJARALATHUKANDU VEETTIL, SOUTH VAZHAKKULAM. 4. SMT. LATHA, D/O. VALSALAKUMARI, NHARALATHUKANDU VEETTIL, SOUTH VAZHAKKULAM. 5. RETHIDEVI, D/O. VALSALAKUMARI, NOW RESIDING AT ROOM NO.13, MAKKAR LANE, THAIKKATTUKARA, MATTOOR DESOM, ALUVA. BY ADV. SRI.C.CHANDRASEKHARAN SRI.P.VISWANATHA MENON RESPONDENT/RESPONDENT: ---------------------------------- STATE OF KERALA GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------- L.A.A. No. 641 OF 2007 -------------------------------------- Dated this the 20th day of October, 2008. J U D G M E N T Kurian Joseph, J. This appeal is filed against the judgment and decree in L.A.R.No.641/1998 on the file of the Principal Sub Court, North Paravur. It is seen that the grievance pertains only to the value of the building. 2. Land Acquisition Officer fixed an amount of Rs.44,306/- for the building. It is not in dispute that the said amount was fixed based on the valuation made by the P.W.D officers. It is now settled law that such valuation based on the report of the P.W.D. officers will not reflect the market value of the building. So, invariably, this Court has been granting 30% enhancement and in several cases those decrees have become final also. L.A.A. No. 641/07 2 Therefore, we partly allow this appeal. The appellants shall be entitled to 30% of Rs.44,306/- in addition to the said amount and other consequential and eligible statutory benefits. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp L.A.A. No. 641/07 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. No. 641 OF 2007 J U D G M E N T 20.10.2008