IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 LA.App..No. 537 of 2006(D) -------------------------- LAR.29/1999 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANTS 2 TO 9 ------------------------------ 1. SARAMMA, W/O. CHACKO, AGED 73 YRS, MOOLAMKUZHIYIL, VELLOORKUNNAM, MUVATTUPUZHA. 2. LEELAMMA BABY, AGED 50 YRS, W/O. BABY, MUKKANDAMCHERIYIL, PERUMBAVOOR KARA, PERUMBAVOOR VILLAGE. 3. M.C.BABU, AGED 48 YEARS, S/O. CHACKO, MOOLAMKUZHIYIL, VELLOORKUNNAM, MUVATTUPUZHA, REP. BY HIS POWER OF ATTORNEY HOLDER SMT. SARAMMA CHACKO. 4. ALICE GEORGE, AGED 45 YEARS, W/O. GEORGE, VAZHAATTIL, VELLOORKUNNAM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. 5. M.C.JAYAN, AGED 42 YEARS, S/O. CHACKO, MOOLAMKUZHIYIL, VELLOORKUNNAM, MUVATTUPUZHA. 6. SHEELA VARGHESE, AGED 40 YEARS, D/O. VARGHESE, PUTHENPURACKAL, IRAPURAM KARA, IRAPURAM VILLAGE, KUNNATHUNADU TALUK. 7. SHERLY JOSE, AGED 38 YEARS, W/O. JOSE, MARIKKUDIYIL, IRAPURAM KARA, IRAPURAM VILLAGE, KUNNATHUNAD TALUK. 8. SHINY SAJU, AGED 36 YEARS, W/O. SAJU, KUNNAPPILLIL HOUSE, SOUTH MARADY KARA, SOUTH MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.P.FAZIL SRI.A.C.THOMAS ADHIKARAM SRI.SREEJITH V.S. RESPONDENT(S): RESPONDENTS --------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 2. MUVATTUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY. GOVERNMENT PLEADER SI.P.K.BABU FOR R1 SRI.V.M.KURIAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 8-9-2009, ALONG WITH LAA NO.538/2006 AND CONNECTED CASES THE COURT ON 11-12-2009 DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ L.A.A. NOS: 537/06, 538/06, 541/06, 542/06, 543/06, 539/06, 540/06 & 544/06 ----------------------------------------------------------------------------------- Dated this the 11th December, 2009. JUDGMENT SURENDRA MOHAN, J. These appeals are filed against the common judgment and decree dated 10.2.2006 in LAR No: 29/1999 and connected cases. The appellants are the claimants in the above Land Acquisition References. They have challenged the judgment and decree of the Reference Court being dissatisfied with the market value fixed by the Court with respect to the lands acquired from their possession. The properties in question were acquired by the Land Acquisition Officer for the expansion of the Muvattupuzha Municipal Stadium, Ring Road etc. on the request of the Secretary, Muvattupuzha Municipality. The Section 4(1) notification under the Land Acquisition Act was published on 6.12.1996. The properties are situate in Velloorkunnam Village. 2. The Land Acquisition Officer categorised the properties into two; those with road access forming category I and those without road access forming category II. For the properties in category I, an amount of Rs.17,000/- per are was awarded as land LAA 537/06 etc. 2 value and for the properties in category II an amount of Rs.14,500/- was awarded as land value by the Land Acquisition Officer. On reference to the Court under Section 18 of the Act, the market value of the lands in Category I has been enhanced and refixed at Rs.22,100/- per Are (Rs.8,944/- per cent) and the market value of the lands in category No:II has been fixed at Rs.20,000/- per Are (Rs.8,093/- per cent). Since the enhancement granted is only marginal these appeals are filed by the claimants. 2. We have today disposed of a batch of appeals and cross objections relating to the very same acquisition. In the said cases, we have refixed the market value of similar properties under the very same acquisition at Rs.68,000/- per Are for the lands in category I and at Rs.61,200/- per Are for the lands in category II. In view of the above, the claimants in these appeals are entitled to refixation of the land value of their properties also at the said rates. 3. Accordingly, these appeals are allowed. The value of the properties of the claimants in LAA 539/06, 540/2006 & 544/2006 being properties in category I are enhanced and refixed at Rs.68,000/- per Are. The value of the properties of the claimants in L.A.A 537/06, 538/06, 541/06, 542/06 and 543/06 being properties in category II are enhanced and fixed at Rs.61,200/- per LAA 537/06 etc. 3 Are. It is made clear that the claimants are entitled for all statutory benefits admissible under Section 23(2), 23(1-A) and Section 28 of the Land Acquistion Act in respect of the enhanced compensation. PIUS C.KURIAKOSE Judge K. SURENDRA MOHAN Judge jj PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: