IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 LA.App..No. 454 of 2010(C) ------------------------------- LAR.5/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS ----------------------------------- 1. STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA), NH-1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH BRIDGES DIVISION, KODUNGALLUR. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT ------------------------------- MUHAMMED ASHARAF, S/O.MUHAMMED, MULLERIMANATHINGAL, CHERANELLOOR. ADV. SRI.K.P.MAJEED(NO VAK) T.H.ABDUL AZEEZ(NO VAK) SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.454 of 2010 ------------------------------------------------ Dated this the 7th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Cheranelloor village and the acquisition was pursuant to Section 4(1) notification published on 14/03/2002. The purpose of acquisition was widening of National Highway 17. The Land Acquisition Officer included the property in category-3 and awarded value at the rate of Rs.98,159/- per Are. The Reference Court appreciating the evidence which was adduced by the parties re-fixed the value at Rs.1,70,483/- per Are, thus enhancing the value by 73% over what L. A. A. No.454 of 2010 -2- was awarded by the Land Acquisition Officer. 2. In this appeal the Government has raised various grounds assailing the decision of the Reference Court. Smt.R.Bindu, the learned Government Pleader making submissions on the basis of the grounds drew our attention to various judgments of this Court pertaining to acquisition of lands in the same village for the same purpose. It was submitted that considering the claimant's appeal, this Court has re-fixed value at 60% above the award of the Land Acquisition Officer. According to the learned Government Pleader, there is no justification for enhancing the value at more than 60% above what was awarded by the Land Acquisition Officer. L. A. A. No.454 of 2010 -3- 3. Sri.T.H.Abdul Azeez, the learned counsel for the respondent submitted that the property was situated in one of the important commercial areas of the village. According to him, for all practical purposes this property was eligible to be included in category-1 itself as this property was having direct access to the existing National Highway-17. Therefore, the full value reflected in Ext.A5 has to be granted. According to the learned counsel Ext.A5 has become final. 4. Having considered the rival submissions addressed at the Bar, we are of the view that the impugned award warrants interference to a certain extent. It is not disputed that Ext.A5 has become final. At the same time, we are unable to L. A. A. No.454 of 2010 -4- accept the argument of Sri.Azeez that the same value as awarded under Ext.A5 should be awarded to the claimant. The property under acquisition did not have the equal value as the property in Ext.A5 which was in category-1. At the same time, we are of the view that based on Ext.A5 some enhancement should be granted. We are of the view that it is appropriate to award 65% increase more than what was awarded by the Land Acquisition Officer re-fixing the market value at Rs.1,61,970/- per Are. 5. The appeal will stand allowed to that extent. It is needless to mention that the claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section L. A. A. No.454 of 2010 -5- 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. Parties are directed to suffer their costs through out. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-