IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 LA.App..No. 663 of 2011() ------------------------- LAR.175/2008 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(/CLAIMANT: -------------- GEORGE PHILIP, S/O PHILIPOSE PUTHOORU KALAYATHINGAL, MULAKKULAM, KOTTAYAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM - 686 001 2. THE SPECIAL TAHSILDAR (LAND ACQUISITION), MUVATTUPUZHA VALLEY IRRIGATION PROJECT, KURUPPANTHARA, KOTTAYAM - 686 603 3. THE EXECUTIVE ENGINEER, MUVATTUPUZHA VALLEY IRRIGATION PROJECT, DIVISION NO. III, MUVATTUPUZHA, KOTTAYAM DIST. 686 661. SR. GOVT. PLEADER SRI. C.R. SHYAMKUMAR FOR R1-3 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- LAA. No. 663 of 2011 ----------------------------------------------- Dated this the 6th day of December, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimant is the appellant. His property in Mulakulam Village was acquired for the purpose of formation of Karikkodu Distributory Canal to Muvattupuzha Valley Irrigation Project. The acquisition was pursuant to Section 4 (1) Notification published on 28-1-2005. The land acquisition officer included the property in category - II - dry land with availability of Panchayat Road. The land acquisition officer awarded land value at the rate of Rs.17,278/- per Are. The reference court under the impugned award has re-fixed the land value at Rs.22,461/- per Are corresponding to Rs.9093/- per cent. The reference court did not place reliance on Ext.A1 document, a document executed in favour of BSNL which was mainly relied on by the claimant. The learned Subordinate Judge LAA. 663/11 -2- has come to the conclusion that the acquired property did not have any road facility. 2. In this appeal various grounds are raised challenging what is described as the gross inadequacy of the market value re-determined by the reference court. Our attention was drawn by Sri. T.R.Harikumar to various judgments of this Court especially judgments in LAA. No. 291 of 2011 and LAA. No. 315 of 2011. The learned counsel submitted that those judgments pertain to acquisition of land in the same Village for the same purpose. Atleast by giving proportionate increase market value of the land under acquisition in this appeal can be safely fixed at Rs.21,000/-, so submitted by Sri. Harikumar. Sri. C.R.Shyamkumar, learned Senior Govt. Pleader submitted that there is a clear finding by the learned Subordinate Judge that the property under acquisition did not enjoy any road frontage. That being so, the appellant cannot aspire for more enhancement LAA. 663/11 -3- than what is presently awarded. 3. We have given our anxious consideration to the rival submissions addressed at the Bar. We have made a reappraisal of the evidence. We have taken into account the judgments of this court in LAA. Nos. 291 and 315 of 2011. We keep in mind other judgments of this court wherein value of the land in Mulakulam Village has been fixed at more or less the same period. We are of the view that the market value of the land under acquisition in this appeal can be safely fixed at Rs.18,000/- per cent. 4. We allow this appeal and re-fix the market value of the land under acquisition at Rs.18,000/- per cent. The appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the L.A. Act. However, while decree is drafted and provision is made in the decree for interest under Section 28, the Section will have due regard to the conditions imposed by this Court in LAA. 663/11 -4- its order dated 3-12-2011 condoning the delay. The decree copy will be issued to the party only after ensuring that the party has remitted the entire balance court fee. The parties are directed to suffer their respective costs in this appeal. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-