IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 CO.No. 41 of 2004() ------------------- AGAINST THE JUDGEMENT IN LAA.1280/2002 LAR.703/1998 of PRINCIPAL SUB COURT, NORTH PARAVUR APPELLANTS/RESPONDENTS 2 TO 6 IN LAA.1280/2002 --------------------------------------------------------------- 1. MARIYAMMA, W/O. LATE MATHAI, POONATTU HOUSE, WEST VENGOLA. 2. TESSY P.M. D/O. LATE MATHAI, POONATTU HOUSE, WEST VENGOLA. 3. MINI P.M. D/O. LATE MATHAI, POONATTU HOUSE, WEST VENGOLA. 4. BIJU S/O. LATE MATHAI, POONATTU HOUSE, WEST VENGOLA. 5. SIJO S/O. LATE MATHAI, POONATTU HOUSE, WEST VENGOLA. BY ADVS. SRI.MATHEWS K.PHILIP SRI.T.K.AJITH KUMAR RESPONDENTS: APPELLANTS IN LAA.1280/2002 ---------------------------------------- 1. KOCHI REFINERIES LIMITED, AMBALAMUGHAL, VYTTILA, KOCHI-19. 2. PAULOSE, S/O. KURIAKO, POONATTU HOUSE, KODINJOOR KARA, AMBALAMUGAL. 3. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA) KOCHI REFINERIES LIMITED, VYTTILA, KOCHI-19. BY ADV. SRI.A.M.SHAFFIQUE (SR.) THIS CROSS OBJECTION HAVING COME UP FOR ADMISSION ON 16/06/2008 ALONG WITH UNNUMBERED CROSS APPEAL IN L.A.A.NO.1207 OF 2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- UNNUMBERED CROSS APPEAL IN L.A.A. NO.1207 OF 2002 & CROSS OBJECTION NO.41 OF 2004 IN L.A.A.NO. 1280 OF 2002 ---------------------------------------------------------------- Dated this the 16th day of June, 2008 JUDGMENT Harun-Ul-Rashid, J. The above Land Acquisition Appeals which arise from L.A.R. No.659 of 1998 and L.A..R. No. 703 of 1998 respectively on the file of the Principal Sub Court,North Paravur were disposed of along with L.A.A. No.357 of 2001 and connected appeals. 2. It is submitted by the learned counsel appearing for the cross objectors that in all other connected cases, the court below had granted enhancement for the value of the building, but refused to give such enhancement in the above two cases. 3. This Court while considering L.A.A. No.357 of 2001 and connected cases noted in paragraph 10 of the judgment that the trial court granted 30% to 40% increase for the value of the structures taking into account the difference between the P.W.D. rate and the market rate. This Court also noted the observation of the reference court that it is a matter of common knowledge that the Land Acquisition Officer had assessed the Unnumbered Cross Appeal in L.A.A.No.1207/02 & Cross Objection No.41/04 in L.A.A.No.1280/2002 2 value of structures at the P.W.D. rate and that building materials will not be available in the open market at the P.W.D. rate. Therefore, this Court in the said judgment granted enhanced value for the structures at the rate of 30% over and above the value fixed by the Land Acquisition Officer. For the very same reasons, the cross objectors in the above appeals are entitled to get enhancement for the value of the building. By an oversight, the above cross appeal and cross objection were omitted at the time of disposal of the said cases. Accordingly, we order that the cross objectors in the above appeals are entitled to 30% additional value for the building over and above the value fixed by the Land Acquisition Officer along with other eligible statutory benefits. The cross appeal and the cross objection are partly allowed as above. The decrees would stand modified to the above extent. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Unnumbered Cross Appeal in L.A.A.No.1207/02 & Cross Objection No.41/04 in L.A.A.No.1280/2002 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. Unnumbered Cross Appeal in L.A.A. No. 1207 of 2002 & Cross Objection No.41/04 in L.A.A. No.1280/2002 JUDGMENT 16th June, 2008 Unnumbered Cross Appeal in L.A.A.No.1207/02 & Cross Objection No.41/04 in L.A.A.No.1280/2002 4