IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 LA.App..No. 1215 of 2010() --------------------------------------- (LAR.NO.168/2007 OF II ADDL.SUB COURT,THIRUVANANTHAPURAM ) ...... APPELLANT(S): CLAIMANT: ------------------------------------------ VASANTHAKUMARI, BABA NIVAS, SREEKARIYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): RESPONDENT: ------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. R1 BY SR.GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN R2 BY ADV. SRI.BENJAMIN PAUL,SC,KSRTC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 1215 OF 2010 = = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2011. J U D G M E N T Pius C. Kuriakose, J. The claimant is the appellant. Her property in Pettah Village was acquired by the Government for the purpose of construction of K.S.R.T.C. bus terminal. The acquisition was pursuant to S.4(1) notification published on 14.1.2005. The property was dry land and the Land Acquisition Officer included the same under category D and awarded land value at the rate of Rs.76,032/- per cent. Before the reference Court the appellant's claim was Rs.3 lakhs per cent. The appellant relied mainly on Ext.A1 common judgment pertaining to another acquisition in Trivandrum area. The Court below did not become inclined to place reliance on Ext.A1. What the L.A.A. NO. 1215 OF 2010 -:2:- Court below did ultimately was to do guess work and refix the market value at Rs.98,800/- per Are. 2. In the appeal various grounds are raised and the claim for land value is limited to Rs.1,60,000/-. Sri.B.Krishnamani, learned counsel for the appellant addressed very strenuous arguments before us. According to him the Court below was not at all justified in discarding Ext.A1. The property covered by Ext.A1 was situated very near to the acquired property. Though included in category D, the property was abutting the main road. Many important establishments in Trivandrum were situated within a radius of 1½ kms. of the acquired property including the Trivandrum International Airport. Hence there is every justification for awarding the value at the rate of Rs.1,60,000/- per cent. 3. The submissions of Sri.Krishnami were very forcefully resisted by the learned senior Government L.A.A. NO. 1215 OF 2010 -:3:- Pleader Smt.Latha T. Thankappan. However, she conceded that this Court in its judgment in LAA 1348/08 which pertains to acquisition of land for the purpose of Trivandrum International Airport, has fixed value of the land in Pettah at Rs.1,50,000/-. She also submitted that S.4(1) notification in respect of that case was on 4.2.99. 3. We have anxiously considered the submissions addressed before us we feel that in terms of quality and location advantages the property covered under LAA 1348/08 was superior to this property at least by 20%. At the same time we notice that a period of about 6 years have elapsed since the acquisition in L.A.A.1348/08 had taken place. Hence, we are of the view that for the passage of time a proper addition at the rate of 10.5% per year will be sufficient. Making additions in the above manner and considering the superiority of the property covered under LAA 1348/08, L.A.A. NO. 1215 OF 2010 -:4:- the market value of the land in acquisition in this case can reasonably be fixed at Rs.2,10,000/- per Are. Accordingly we allow the appeal and refix the market value of the property at Rs.2,10,000/- per Are. The appellant will be entitled to all statutory benefits admissible u/s 23(1A), 23(2) and S28 of the Land Acquisition Act. However the parties are directed to suffer their respective costs. PIUS C. KURIAKOSE,JUDGE. N.K. BALAKRISHNAN,JUDGE. ul/-