IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 LA.App..No. 2145 of 2008(A) -------------------------- LAR.372/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN LAR ----------------------------------- THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANTS 1 TO 5 & IST RESPONDENT IN LAR ---------------------------------------------------------------------------- 1. VAZHAVALAPPIL KAUSU, PEEYAKANDIYIL, MUTHIYANGA. 2. VAZHAVALAPPIL JANARDHANAN, PEEYAKANDIYIL, MUTHIYANGA. 3. VAZHAVALAPPIL VASANTHA, PEEYAKANDIYIL, MUTHIYANGA. 4. VAZHAVALAPPIL SURENDRAN, PEEYAKANDIYIL, MUTHIYANGA. 5. VAZHAVALAPPIL PUSHPA, PEEYAKANDIYIL, MUTHIYANGA. 6. THE SPL.TAHSILDAR, L.A., THALASSERY. BY GOVT. PLEADER SRI. BENNY VARGHESE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 2145 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of December, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thalassery in LAR 372/05. An area of 0.0080 hectares of land comprised in R.S.No.1/1 of Cheruvancherry village was acquired for the purpose of widening the road to the Industrial Growth Centre. The land acquisition authorities awarded a compensation of Rs.7,183/-. On reference the Land Acquisition Court enhanced the land value to Rs.7,500/- per cent and it is against that decision the requisitioning authority has come up in appeal. 2. A perusal of the award would reveal that really no much documents were produced before the Land Acquisition Court but a prayer was made to call for the judgments in LAR 245/05 and the common judgment in LAR Nos.115, 167 and 178/05. The Court found that the land value in LAR 245/05 cannot be accepted in this case for the reason the said land L.A.A. 2145 OF 2008 -2- contained non bearing improvements like cashew tree, jack fruit tree etc. In the common judgment the properties involved were garden land. It is stated that there is no evidence to indicate that there are improvements in the acquired land. Respondent has contended that it is a barren land. The only point that looks in favour of the claimant is that its proximity to the public road and the development on account of the nearness to the Industrial Growth Centre. But the Court directly jumped into and fixed more than 350% as enhanced land value. I feel this is not proper. When the road is widened, nearness to the road is established and only on account of the Industrial Growth Centre the area has received some importance and development. So I feel this is a fit case where a maximum of 150% enhancement of land value need to be given which when worked out would come to Rs.5,370/- per cent. Therefore the appeal is partly allowed and the claimants are entitled to get a market value at the rate of Rs.5,370/- per cent with all attending benefits granted by the L.A.A. 2145 OF 2008 -3- Land Acquisition Court. The LAA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-