IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 LA.App..No. 269 of 2009() ------------------------- LAR.153/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS 1 TO 3: ------------------------------- 1. BABY SHYLA, BHAGAVATHY MANDIRAM, KEEZHTHONNAKKAL, POTHENCODE, THIRUVANANTHAPURAM. 2. A.S.MANEESH, OF -DO-, -DO-. 3. A.S.KANNAN, OF -DO-. BY ADV. SRI.J.HARIKUMAR SRI.HARIKUMAR.S. RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, K.S.T.P., PULAMON, KOTTARAKKARA. BY GOVT.PLADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 269 OF 2009 ------------------------ Dated this the 11th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their lands in Keezhthonnakkal village was acquired for the purpose of up gradation of Thykkode - Koottarakkara State Highway pursuant to Section 4(1) notification published on 6/1/2003. The land was already abutting the existing road which was proposed to be upgraded as a highway. For the land, the awarding officer had awarded the value at the rate of Rs.11,707/- per Are. Being not satisfied, the claimants facilitated a reference under Section 18 before the Reference Court. He relied mostly on Exts.A1 and A2 documents. Both Exts.A1 and A2 were pre notification documents. Exts.A1 and A2 reflected land value of Rs.2.66 Lakhs per cent. Exts.A1 and A2 were in respect of the properties in the same village. The learned Sub Judge has referred to Ext.A1 and A2 in the judgment, but has not given any reason at all for discarding them. In fact before this court, the appellants have produced subsequent judgment of the learned Subordinate Judge L.A.A..No.269/2009 2 awarding enhancement based on Exts.A1 and A2 and in terms of the value reflected in Exts.A1 and A2. We are not inclined to allow that application in view of the stand taken by the learned Government Pleader that it is likely that the Government will be preferring appeals against them. But, we feel that the learned Subordinate Judge was not justified in discarding Exts.A1 and A2. Exts.A1 and A2 being in the same village ought to have been accepted as documents with considerable probative value. As already stated, Exts.A1 and A2 were executed three years prior to the notification. Properties are not situated far away from the Thiruvananthapuram city. They were already enjoying direct frontage of existing road thoroughfare. 2.Having considered the evidence including Exts.A1 and A2, we are of the view that there is every justification for refixing the value of the lands under acquisition at Rs.1,50,000/- per Are. It is accordingly refixed. The appeal is allowed as above. The parties are directed to suffer their costs. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under section 23(2), 23(1A) and 28 of the Act on the total enhanced L.A.A..No.269/2009 3 compensation to which they become eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk