IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 LA.App..No. 1063 of 2004 LAR.2/2002 OF SUB COURT,THODUPUZHA APPELLANT: CLAIMANT NARAYANAN, S/O. SANKU, KOVALAYIL, MANAKADU. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT: RESPONDENT STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, ALONG WITH LAA NO.177 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A.NO. 1063 OF 2004 and L.A.A.NO. 177 OF 2007 ------------------------------------------------------------- Dated this the 27th November, 2008 JUDGMENT Kurian Joseph, J. L.A.A.No.1063 of 2004 is filed by the claimant aggrieved by the fixation of land value by the Reference Court, namely, Sub Court, Thodupuzha, in L.A.R.No.2 of 2002 and L.A.A.No.177 of 2007 is filed by the State aggrieved by the same judgment. The acquisition is for the purpose of widening the Thodupuzha-Ramamangalam public road. Though the claimant sought to place reliance on many documents, Exts.A1 to A6, the Reference Court placed reliance only on Ext.A6 document. Ext.A6 is a transaction involving 40 cents of land. Ext.A6 document was executed on 3.5.1999. In the case on hand, Section 4(1) notification is dated 18.8.1999. In Ext.A6, the land value was Rs.26,000/- per cent. Admittedly, Ext.A6 property is situated on the side of a by-lane, whereas the acquired property is on the side of Thodupuzha-Ramamangalam main road. Further, the acquired land has better advantages than Ext.A6 property. Yet, it is seen that the Reference Court has granted only a nominal enhancement to the tune of 20% over and above the value of Ext.A6 property. 2. In a similar case, in L.A.A.No.1695 of 2007 arising from L.A.A. NOS.1063 OF 2004 AND 177 OF 2007 :: 2 :: L.A.R.No.16 of 2001, though the extent is very small (0.60 Are), we have fixed the land value at Rs.50,000/- per cent. It is significant to note that in the case of that property and in the case of the property covered by this appeal also, even according to the Land Acquisition Officer, the property is similar and similarly situated land and the same land value at the rate of Rs.11,291/- per cent was fixed. Therefore, the property thus being similar and comparable, even according to the Land Acquisition Officer, we feel that it is only just, proper and equitable that same land value is to be fixed in the present case also. Therefore, we fix the land value at Rs.50,000/- per cent in the case of the appellant/claimant. He shall also be entitled to all consequential and eligible statutory benefits The appellant shall also be entitled to proportionate costs. The amount already received will be duly adjusted. Therefore, L.A.A.No.1063 of 2004 filed by the claimant is partly allowed and L.A.A.No.177 of 2007 filed by the State is dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/