IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 LA.App..No. 119 of 2008(D) ------------------------------------ LAR.157/1998 of ADDL.SUB COURT,KOLLAM .......................................... APPELLANT(S): CLAIMANT: ------------------------------------- KARTHIKEYAN, KANIATTAYIL VEEDU, KIDAPRAM, MANDROTHURUTHU. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): RESPONDENT: -------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT. MADHUBEN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. K.HEMA, J. ------------------------------- L.A.A.No.119 OF 2008 -------------------------------------- Dated 21st October 2011 . J U D G M E N T This appeal is filed challenging the adequacy of compensation awarded under the Land Acquisition Act to the appellant's property by the Sub Court. 2. 1.81 Ares of land in Survey no.264 (Resurvey no.2193/11) of Mandrothuruth Village was acquired for the purpose of doubling the railway from Kollam to Kayamkulam. Notification under section 4(1) of the Act was published for the purpose of railway on 10.5.1991. Land Acquisition officer passed award dated 30.3.1994 fixing the land value @ Rs.5,642/- per Are. Possession of land was taken on 25.4.1992. Being aggrieved by the award, appellant filed a reference application and on reference, court below found that value can be fixed at Rs.12,350 per Are relying upon Ext.A1 judgment in LAR.195/94. 3. Respondent filed written statement contending that amount awarded is adequate and reasonable and that value is fixed based on prevailing market value during the relevant time. LAA.No.119/08 2 Evidence was adduced, AW1 was examined and Ext.A1 was marked on the side of appellant. No evidence was adduced on the side of respondent. The court below passed an award that claimant is entitled to get enhanced land value at the rate of Rs.6708/- per Are over and above the land value fixed by the Land Acquisition Officer for 1.81 Ares of land acquired as per section 23 (1) of th Act. 4. Heard both sides. Perused records. Learned counsel for appellant submitted that judgment in LAR.195/94 was produced by the appellant and marked as Ext.A1 which is passed in respect of a similarly placed property. According to claimant-appellant, property acquired from the appellant is situated in a more important area than what is referred to in Ext.A1 and hence, he is entitled to get much more land value than that fixed in Ext.A1. The appellant's property is used as the second platform of railway station. It has every close access to railway station as revealed from evidence, it is submitted. On going through evidence of AW1, it would be clear that appellant's property is in a better locality, it is submitted. 5. Learned Government pleader argued that no sale deed is produced and hence the amount awarded is adequate. On LAA.No.119/08 3 hearing both sides and on going through the evidence on record, it is clear that property of appellant is situated in a better locality and the property is used for constructing the second platform of railway station and that itself shows that property is very close to railway station. It is also seen from evidence of AW1 that property in Ext.A1 is lying within 1 Km from appellant's property. It is also stated by AW1 in cross examination that bus terminal is near the railway station. 6. It is also pointed out by appellant's counsel that resurvey number of appellant's property is 193/11 where as, resurvey number of the property referred toin Ext.A1 is 254/19 which will indicate the distance between the two properties. Taking all these facts into consideration I am satisfied that more land value ought to be fixed for the appellants land, for assessing compensation. Taking into consideration the importance of land, which is disclosed from evidence of AW1, especially in the absence of evidence from the side of respondent, I find that land value can be fixed at Rs.1,000/- more than the value shown in Ext.A1. 7. Hence the appellant is entitled to get Rs.1000/- per Are, more than what is fixed as per the impugned judgment. At this rate, appellant is entitled to get an additional amount of Rs.1810/- LAA.No.119/08 4 for 1.81 Ares of land acquired from his possession. He is also entitled to get interest and 30% solatium on enhanced land value. Hence, the decree is modified as follows : 1. The appellant is allowed to realise Rs.1,810/- towards enhanced land value from respondent over and above the enhanced land value awarded by the court below. 2. The appellant is also allowed to realise interest and solatium at the same rate as ordered by the court below on the compensation/enhanced land value. 3. The appellant is entitled to realise costs also. This appeal is allowed. Sd/- K.HEMA, JUDGE. // True copy // P.A. to Judge. sou.