IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 LA.App..No. 621 of 2002() ------------------------- LAR.72/1995 of SUB COURT, CHERTHALA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA. BY SR. GOVERNMENT PLEADERMR.BENNY VARGHESE RESPONDENT(S): ------------------------- 1. SECRETARY, UZHUVA SERVICE CO-OPERATIVE SOCIETY NO.A.305, UZHUVA. *2. NARAYANAN RAMACHANDRAN NAIR, RESIDING AT POTHAKKADU, THURTHIPPALLY VAYALAR KIZHAKKU FROM KOCHUVELIYIL.(DELETED) * THE NAME OF THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DTD. 3.8.07 ON IA. 2728/2007. R1 BY ADV. MR.J.OM PRAKASH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... L.A.A.NO.621 OF 2002 ............................................. Dated this the 6th day of October, 2009 J U D G M E N T This appeal is preferred against the award passed by the Land Acquisition Court in LAR.No.72/1995. As per the said award, the Land Acquisition Court directed the State Government to pay a sum of Rs.21,845/= together with 30% solatium and other benefits to the claimants. Aggrieved by the quatum awarded, the State has come up in appeal. 2. At this stage it is brought to the notice of the court that in the reference there was a second claimant by name Narayanan Ramachandran Nair. He is no more also and therefore, this Court in one of the petitions left opened the question whether on account of his death the whole award will become nullity. At the same time, this Court permitted to delete his name from the Memorandum of Appeal. So, let me first consider about that aspect. A perusal of the papers relating to the acquisition and passing of the award would show that as per the notice dated 24.4.1993 issued under Section 9(3), 0.57 Ares in Sy.No.37/7-15 is shown as : 2 : L.A.A.NO.621 OF 2002 property belonging to secretary Uzhava service Co-operative Society and 1.02 Ares is that of one Ramachandran Nair. But, subsequently, the Land Acquisition Officer who passed the award had considered the entire question and was satisfied as follows: On perusal of the document and other records it is convinced that the Secretary, Uzhava service Co-operative Society has got absolute title over the land and he is entitled to get compensation. It is very specifically stated that 1.59 Ares of land comprised in Sy.Nos.37/7-15 and 41/11/ F is the property acquired. Therefore, the materials made available would convincingly establish the fact that the Secretary, Uzhava service Co-operative Society has got absolute right and possession over the acquired land. Most probably that is why this Ramachandran Nair never contested the case. So, non impleadment of the legal representatives of Ramachandran Nair will not act against the interest of the Secretary, Uzhava service Co-operative Society. Now to the merits of the case. A perusal of the award : 3 : L.A.A.NO.621 OF 2002 would show that the land acquired is 0.57 Ares from Sy.No.37/7-15 and 1.02 Ares from Sy.No.41/11. Ext.A1- a copy of the judgment in LAR.No.64/1995 was produced and it is a property situated on the southern side of the property of the Bank. It is submitted that the said land fetches more value than the land comprised in Sy.No.41/11. The Land Acquisition Officer had given Rs.7,928/= more to the property situated in Sy.No.37/7-15 and it is submitted that the land in Sy.No.41/11 would have fetched an amount of Rs.25,000/= per cent. In Para-11, the court had referred to Ext.A1 judgment and it was stated that the court has accepted and fixed the land value in Sy.No.41/11 at the rate of Rs.14,000/= per are. Since it is stated that the land in Sy.No.37/7-15 is a betterly situated position and fetches more value than the property in Sy.No.41/11-4, the Land Acquistion Court fixed the value at Rs.32,123/= per Are and accordingly worked out the compensation and passed the award. The award passed by the Land Acquisition Court is on appreciation of correct facts and it does not require interference. The Land Acquisition officers' award sows that : 4 : L.A.A.NO.621 OF 2002 the Secretary Uzhava Service Co-operative Society alone is entitled to the amount. Therefore, the entire amount has to be disbursed to it. The appeal is dismissed. . M.N.KRISHNAN, JUDGE cl : 5 : L.A.A.NO.621 OF 2002 M.N.KRISHNAN, J. ........................................ L.A.A.NO.621 OF 2002 ........................................ 6th day of October, 2009 J U D G M E N T