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. 2126 of 2008(B) -------------------------- LAR.355/2005 of PRL.S.C.,THALASSERY .................... APPELLANT(S): 2ND RESPONDENT IN LAR --------------------------------------------- THE GENERAL MANAGER, K.S.I.D.C, THIRUVANANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENT(S): CLAIMANT AND IST RESPONDENT IN LAR ------------------------------------------------------------------ 1. K.NANU, S/O.GOVINDAN, 'USHA NIVAS', KUTHUPARAMBA. 2. GOVT. OF KERALA, REP.BY DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER FOR R2 SRI. SHYSON P. MANGUZHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009 , ALONG WITH LAA NO. 2371 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NOs. 2126 and 2371 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of December, 2009. J U D G M E N T These appeals are preferred against the awards of the Land Acquisition Court, Thalassery in LAR Nos. 355/05 and 356/05 respectively. In LAR 355/05 an extent of 0.0237 hectares of land comprised in R.S.No.10/1 of Kuthuparamba village was acquired for the purpose of widening the road for the Industrial Growth Centre Valiyavelicham and in LAR 356/05 an extent of 0.0041 hectares of land comprised in R.S.No.10/1 acquired for the very same purpose. The Land Acquisition officer granted value for the structures as well as the land and in reference the court enhanced the land value to Rs.10,000/- per cent with the attending benefits. It is aggrieved by that, the requisitioning authority has come up in appeal. 2. AW1, one of the claimants, would urge that the land has to be valued at Rs.50,000/- per cent. In LAR 355/05 there were shop rooms and one residence and there was one L.A.A. Nos. 2126 & 2371 OF 2008 -2- quarters in 356/05. So far as the structural value is concerned there were no materials worth consideration for enhancement and therefore the Land Acquisition Court did not award any thing under that head. It also held that the report of the Commissioner is not at all helpful for the reason that he had visited the property after demolition and therefore materials are lacking. 3. Now turning to the land value, Ext.A1 is the judgment of the Land Acquisition Court in LAR 56, 57 and 60 of 2005 and as per that, the land value claimed is Rs.20,000/-. It was found that the said land was very near the Kuthuparamba town and the Court further held that the claimants could not establish that the land in Ext.A1 and the land acquired are similar and similarly situated. But taking into consideration the fact that there were buildings and it was adjacent to the road and they were garden lands, the Land Acquisition Court fixed the land value at Rs.10,000/-. The learned Government Pleader would submit before me that in similar cases the land value fixed is at Rs.3,899 per cent. The L.A.A. Nos. 2126 & 2371 OF 2008 -3- Land Acquisition Court enhanced it to Rs.10,000/- and one of such cases was LAR 228/05. The said matter was taken up in appeal before this Court as LAA 837/09. In LAA 837/09 this Court, relying upon the judgment in LAR 1615/08 fixed the land value at Rs.9,000/-. Considering these facts coupled with the fact that the acquired lands are adjacent to the road with structures therein and it is evident that there is utility for the land, I hold that the land value can be fixed at Rs.9,000/- as done by this Court in the other proceedings. Therefore both the appeals are partly allowed and the land value fixed by the Land Acquisition Court is reduced to Rs.9,000/- per cent in stead of Rs.10,000/- with the attending benefits as ordered by the Court. The appeals are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-