IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 LA.App..No. 838 of 2002(D) & CROSS OBJECTION NO.145/2004 -------------------------- LAR.473/1997 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL RESPONDENTS: CLAIMANT: ---------------------- SUGATHAN, S/O. NEELAKANTAN, AMBUJALAYAM, KIZHAKKEPRAM. *ADDL.RESPONDENTS IMPLEADED: 2.) ROY, AGED 35 YEARS, S/O.SUGATHAN, AMBUJALAYAM, kISHAKKEPRAM, NORTH PARUR 3) RAJ, AGED 33 YEARS, S/O.SUGATHAN, AMBUJALAYAM, KIZHAKKEPRAM, NORTH PARUR. *ADDL.RESPONDENTS 2 AND 3 ARE IMPLEADED AS PER ORDER DATED 8-2-2008 ON I.A.NO.4315/2007 BY ADV. SRI.T.R.ASWAS SRI.ANIL KUMAR SREEDHARAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.838 of 2002 & Cross Objection No.145/2004 ----------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, North Paravur. The Land Acquisition Officer fixed land value at the rate of Rs.22,494/- per Are. Placing reliance on Exts.A1 and A2 judgments of the same reference court, which have become final, 60% enhancement was given by the reference court. We do not think that such enhancement at the rate of 60% based on the judgments which have become final is in any way excessive. In the cross objection the claim is for statutory benefits and enhanced value for the residential building. Though the claimant attempted for a valuation by the Advocate Commissioner, it is seen that the reference court dismissed the application on the ground that the building had already been demolished. But there is no dispute that the valuation made by the Land Acquisition Officer is based on PWD rates. It is now settled law that such L.A.A. NO.838/2002 -:2:- valuation does not reflect on the valuation based on the market value and hence this court has been adopting a policy of granting reasonable enhancement at the rate of 30% over and above the value fixed by the Land Acquisition Officer in several cases. Accordingly the cross objection is allowed as follows:- (1) The cross-objector/claimant shall be entitled for enhancement at the rate of 30% over and above the value fixed by the Land Acquisition Officer for the residential building. (2) The cross objector/claimant shall also be entitled to all statutory benefits including interest on solatium. The judgment and decree will stand modified to the above extent. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.219 of 2008 & Cross Objection No.145/2004 ---------------------------- JUDGMENT 8th February, 2008