IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 LA.App..No. 345 of 2003() ------------------------- LAR.98/2000 of SUB COURT, VADAKARA .................... APPELLANTS: CLAIMANTS ----------------------- 1. K.ANWAR, S/O.KUNHAMMAD, 'NOOR MAHAL', VADAKARA AMSOM, DESOM, BY POWER OF ATTORNEY HOLDER K.KUNHAMMAD, S/O.ABDUL KHADER MUSALIAR, 'NOOR MAHAL', POST: NUT STREET, VADAKARA, VADAKARA AMSOM, DESOM AND TALUK. 2. KANNOLI PATHU ALIAS FATHIMA HAJJUMMA, D/O.KUNHABDULLA HAJI, 'MINARVA', THAZHE KUNNATH PARAMBA, P.O.VADAKARA, VADAKARA AMSOM, DESOM AND TALUK. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR (L.A.), KOYILANDY. 2. THE SECRETARY, VADAKARA MUNICIPALITY, VADAKARA. R1 BY SR. GOVERNMENT PLEADER SRI P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009 ALONG WITH LAA NO. 167 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 345 of 2003 and L.A.A. 167 of 2004 --------------------------------------------- Dated: MAY 22, 2009 JUDGMENT Barkath Ali, J. In these appeals under sec.54 of the Land Acquisition Act, the common judgment and decree of the Sub Judge, Vadakara dated July 31, 2002 awarding compensation at the rate of Rs.17,000/- per cent is under challenge. 2. An extent of 0.0283 and 0.0198 hectares of land owned by the appellants were acquired for the purpose of construction of the Onthan overbridge and approach road at Vadakara. The land acquisition officer has fixed the land value at Rs.11,550/- per cent. Dissatisfied with the amount of compensation, the claimants sought reference to Sub Court for enhancement. The learned Sub Judge enhanced the compensation to Rs.17,000/- per cent. 3. The only point which arises for consideration is whether L.A.A. 345 of 2003 and L.A.A. 167 of 2004 2 the enhancement granted by the learned Sub Judge is reasonable, if not, whether the claimants are entitled to further enhancement. 4. The claimants have produced the sale deed Ext.A1 dated 18.1.1995. The commissioner in his sketch Ext.X2 has shown the acquired property as well as the property covered by Ext.A1. The learned Sub Judge did not rely on Ext.A1 on the ground that it has been executed one year prior to the acquisition. Sec.4(1) notification in this case is dated 18.4.1996. The consideration shown in Ext.A1 is Rs.40,000/- per cent. The learned counsels appearing for the claimants argued that the land covered by Ext.A1 and the acquired plots are similarly situated, and that the land value has increased considerably after the execution of Ext.A1 and that therefore the land value should be fixed at a higher rate than the value shown in Ext.A1. We find some force in the above argument advanced by the counsel for the appellants. On going through the sketch Ext.X2 it is seen that the land covered by Ext.A1 is about 1 km. away from the town. On the other hand, the acquired plot is very near to the town. L.A.A. 345 of 2003 and L.A.A. 167 of 2004 3 Taking into consideration the above facts and in the circumstances, we feel that the land value can reasonably be fixed at Rs.30,000/- per cent. 5. In the result, the appeals are allowed. The claimants are entitled to enhanced compensation at the rate of Rs.30,000/- per cent for the land acquired from their possession. The claimants are also entitled to statutory benefits and interest and solatium as provided under the Land Acquisition Act. The amount already paid shall be deducted. The parties shall suffer their own costs throughout. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/- L.A.A. 345 of 2003 and L.A.A. 167 of 2004 4 PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. ------------------------------ L.A.A. 345 of 2003 and L.A.A. 167 of 2004 JUDGMENT ------------------------------- Dated: MAY 22, 2009 L.A.A. 345 of 2003 and L.A.A. 167 of 2004 5