IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 LA.App..No. 1144 of 2008(A) -------------------------------- LAR.369/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DIRECTOR, TOURISM, DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S)/CLAIMANTS: ---------------------------------- PHILIP RAYSON, POOMUTTAM VEEDU, KANNANTHURA,KARIKKAKAM MURI, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA SRI.S.PADMADAS RANJAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1144 of 2008 ------------------------------------------------ Dated this the 26th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The acquisition was of property in Kadakampally Village for the purpose of construction of Amusement Park at Veli for the Tourism Department. The relevant Section 4(1) notification was published on 09/02/98. The Land Acquisition Officer included the property in category-C and fixed land value at the rate of Rs.15,187.50/- per Are. The Reference Court on appreciating the evidence which consisted of Exts.A1 to A4, R1 to R4, C1 and C1(a) and oral evidence of AWs.1 to 3 would re-fix the land value L. A. A. No.1144 of 2008 -2- at the rate of Rs.1,23,500/- per Are. 2. In this appeal, the Government has raised various grounds assailing the judgment and Smt.R.Bindu, the learned Government Pleader addressed arguments based on various grounds. She drew our attention to judgment of this Court in LAA.906/08 and LAA.1107/08 pertaining to acquisition of land in the same village for the same purpose more than three years after the relevant Section 4(1) notification. She submitted that for the best property in category-A this Court even after three years fixed the value only at the rate of Rs.1 lakh. 3. Smt.Hemalatha would support the impugned judgment. According to her, the learned Subordinate Judge has relied on Ext.A1 sale deed L. A. A. No.1144 of 2008 -3- which is a pre-notification sale deed. She complained that the learned Subordinate Judge has not awarded the full value reflected in Ext.A1. 4. Having heard the submissions addressed at the Bar, having re-appraised the evidence and having kept in mind the judgment of this Court in L.A.A. Nos.906/08 and 1107/08, we are of the view that the Government's appeal is to be allowed to a certain extent. Accordingly, we fix the market value of the land under acquisition at Rs.1 lakh per Are. 5. The appeal will stand allowed to the above extent. The claimant will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their L. A. A. No.1144 of 2008 -4- respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-