IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 LA.App..No. 325 of 2011() ------------------------- LAR.168/2003 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. MATHAI, S/O.CHERIYA, MUNDAKKAL HOUSE, PADINJARE KONOTH, MATTAKUZHI. 2. CHINNAMMA, D/O.CHERIYA, MUNDAKKAL HOUSE, PADINJARE KONOTH, MATTAKUZHI. BY ADV. SRI.T.A.SHAJI SRI.K.C.PAULOSE RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030. 2. THE LEGAL OFFICER (SECRETARIAT), KOCHI REFINERIES LIMITED, KUNDANNUR, MARADU, P.B.NO.2, PIN-682 304. ADV. SRI.E.K.NANDAKUMAR FOR R2 SMT.THUSHARA JAMES FOR R2 GOVT.PLEADER SMT.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 325 OF 2011 ------------------------ Dated this the 19th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their property in Thiruvaniyoor Village was acquired for the purpose of Kochi Refineries Ltd., the 2nd respondent pursuant to Section 4 (1) notification published on 4/11/2000. The Land Acquisition Officer awarded land value at the rate of Rs.31,900/- per Are. The Reference Court under the impugned judgment refixed the same at Rs.42,000/- per Are. There were improvements on the property. For the improvements including the building the Land Acquisition Officer awarded total amount of Rs.66,707/-. Before the Reference Court , the appellants claimed for enhancement in the land value as well in the building value. The Reference Court would refix the land value at Rs.42,000/- per Are. But, for the building and the other improvements, no enhancement was granted. The requisitioning authority is before us through M/s. LAA.No.325/2011 2 Menon & Pai. 2. We have heard the submissions of the learned counsel for the appellants, learned counsel for the requisitioning authority and also Smt.Josephina learned Government Pleader. The counsel for the appellants placed strong reliance on the judgment of this court in L.A.A. No.182/2011. 3. We have gone through the above judgment. We find that under that judgment, this court has refixed the value of other properties covered by the very same acquisition, but falling within other categories. We feel that there is justification for granting enhancement in land value to the appellants also. As regards the building value, we feel that 30% increase can be given taking into account the principle that construction of buildings as per the PWD's published schedule of rate is not a pragmatic idea. 3. Hence, allowing this appeal, we refix the land value at Rs.47,000/- per Are and award sum of Rs.17,000/- as further amount as additional compensation for the building and other improvements. The appellants will be entitled for statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 LAA.No.325/2011 3 of the Act on the refixed compensation. However, while provision is made in the decree for interest under section 28, the conditions imposed by this court in its order dated 24/6/2011 in the application for condoning the delay(C.M.Appln. No.746/2011) shall be taken due note of. Before issuing the decree copy, it shall be ensured that those conditions have been complied with and that the full court fee payable on the appeal memorandum has been remitted. The appeal will stand allowed. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk LAA.No.325/2011 4 PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk