IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 LA.App..No. 97 of 2003() ------------------------ LAR.44/1998 of SUB COURT,NEYYATTINKARA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. P.NABEESATH BEEVI, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O., THIRUVANANTHAPURAM - 26. 2. MOHAMMED SALI, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O. THIRUVANANTHAPURAM - 26. 3. MOHAMMED SHARAFUDEEN, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O., THIRUVANANTHAPURAM - 26. 4. K.ABIL HAIZY, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O., THIRUVANANTHAPURAM - 26. 5. K.ABDUL RAHUMAN PILLAI, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O., THIRUVANANTHAPURAM - 26. 6. K.KHOJA NAZIMUDEEN, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O., THIRUVANANTHAPURAM - 26. 7. K.SULIKHA BEEVI, KHADER MANZIL, KARIMBUVILA, POONTHURA P.O., THIRUVANANTHAPURAM - 26. BY ADV. SRI.K.L.NARASIMHAN RESPONDENT(S): RESPONDENT ------------------------- KERALA STATE, REPRESENTED BY ITS DISTRICT COLLECTOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 97 OF 2003 ----------------------------------------------- Dated this the 26th day of August, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. Their lands were acquired for the purpose of Vizhinjam Fishing Harbour Project. The relevant section 4(1) notification was published on 21-12- 1982. The properties were in Vizhinjam Village. Their property was included in category A3 and they were awarded land value at the rate of Rs.12,140/- per Are. Under the impugned judgment the reference court has re- fixed the same at Rs.15,553/- per Are. In this appeal filed against the award of the reference court the award is impugned on various grounds. 2. We have heard the submissions of Mr.K.L.Narasimhan, learned counsel for the appellants and those of Smt. Latha T.Thankappan, learned Govt. Pleader. Our attention was drawn by the learned counsel for the LAA. N0. 97 of 2003 -2- appellants to Ext. A1 judgment of the same court in another case pertaining to acquisition for the same purpose. The learned counsel conceded that property covered by Ext.A1 was in a different category, viz., B1. The learned counsel requested that proportionate increase be given based on the award in Ext.A1 which has attained finality. Opposing the submissions of the learned counsel for the appellant, Smt. Latha T. Thankappan would submit that A1 cannot have any probative value in this case since A1 admittedly pertains to property in a different category. She however, would fairly submit that the claimant who was already awarded at the rate of Ext.A1 for her properties in B1 category preferred an appeal and the said appeal was allowed. 3. Having considered the submissions we notice that the appellants' property was in a superior category than the B1 category properties. They were awarded Rs.12,140/- per Are by the L.A. Officer. In view of the obvious LAA. N0. 97 of 2003 -3- superiority of the properties under acquisition in this case there is every justification for granting enhancement based on the value re-fixed under Ext.A1 for properties in category B1. On a reappraisal of the evidence also, we feel that there is justification to refix the market value of the land under acquisition at Rs.18,500/- per Are. It is accordingly re-fixed. The appeal stands allowed as above, but in the circumstances without any order as to costs. It is needless to mention that the appellants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of the re-fixation done under this judgment. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/- LAA. N0. 97 of 2003 -4- PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. LAA. No. 97 of 2003 JUDGMENT 26th August, 2009