IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 LA.App..No. 1918 of 2008(D) --------------------------- LAR.218/1996 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S)/CLAIMANT: -------------- NABEEZATH BEEVI, D/O. ABOOBAKER KUNJU, KUZHIKKALAKIZHAKKATHIL, MYNAGAPPALLY. BY ADV. SRI.PRATHEESH.P RESPONDENT(S)/STATE: --------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER BY G.P. SRI.BASANTH BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/11/20 08, ALONG WITH L.A.A. NO.1918/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR,J ........................................................... L.A. Appeal No. 1918 of 2008 ........................................................... Dated, this the 22nd day of May, 2009 JUDGMENT Heard both sides. 2. 1.35 Ares of land comprised in Re.Sy.No. 256/20 of Mynagappally Village and belonging to the appellant/claimant was compulsorily acquired by the State for the purpose of Railways. Notification under Sec. 4(1) of the Land Acquisition Act was published on 27-09-1992. Advance possession was taken on 3-2-1992. The award was passed on 21-12-1995. The Land Acquisition Officer fixed the land value at the rate of Rs. 4652/- per Are. Aggrieved by the award passed by the Collector, the appellant sought a reference of the case to the Sub Court, Kollam. As per the impugned judgment dated 14-11-2007 the Reference Court in the above reference numbered as L.A.R. 218 of 1996 fixed the land value at the rate of Rs. 7,299/- per Are which works out to Rs. 2737/- per Are as the enhancement. The said enhancement was arrived at by the Reference Court by arbitrarily fixing the enhancement by 60% of the above land value L.A. Appeal No. 1918 of 2008 -:2:- awarded by the Land Acquisition Officer. The appellant was also given the other statutory benefits. The appellant/claimant challenges the award passed by the reference court on 14-11-2007. 3. The court below had considered the awards passed by that Court in LAR 32 of 1994 (Ext.A1), LAR 123/94 (Ext.A2), LAR 136/94 (Ext.A3), LAR 220/96 (Ext.A4) and LAR 333/90 (Ext.A5) produced on the side of the claimant as comparable awards. In paragraph 8 of the judgment the Court below came to the conclusion that the land of the claimant involved in the present proceedings is comparable to the land involved in LAR No.220/96 and covered by the judgment dated 30-09-2002 which was marked as Ext.A4. Undisputedly the land covered by Ext.A4 award was covered by the very same notification dated 27-9-1992. In Ext.A4 award the court below had fixed the land value at Rs. 12678 per Are which means the enhancement given was at the rate of Rs. 8116/- over and above the land value of Rs. 4562/- awarded by the Land Acquisition Officer. No tangible reasons have been given by the court below to justify its observation that the enhancement given in Ext.A4 award is on the higher side. There is no dispute that Ext.A4 award has not been appealed against and it has become final. If so, the claimant was L.A. Appeal No. 1918 of 2008 -:3:- legitimately entitled to the very same enhancement that was given in Ext.A4 award in which also adjacent land comparable to the land belonging to the claimant was acquired under the very same notification. Accordingly, in modification of the impugned award, , the appellant is held entitled to enhanced land value at the rate of Rs. 12,678 per Are which will be more than Rs. 8,116/- awarded by the Land Acquisition Officer. The appellant is also held entitled to the statutory benefits admissible under Sections 23(2) / 23(1A) and Sec. 28 of the Land Acquisition Act on the enhanced compensation as allowed by this judgment. The appeal is allowed as above. Sd/-V. Ramkumar, Judge. /true copy/ L.A. Appeal No. 1918 of 2008 -:4:-