IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 LA.App..No. 1103 of 2009 (A) -------------------------------- LAR.170/2007 of SUB COURT, PALA .................... APPELLANT(S): CLAIMANT ----------------------------- MOHAN THOMAS S/O.THOMAS, VETTUKATTIL HOUSE, KIZHATHADIYOOR KARA, LALAM VILLAGE, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): RESPONDENT ------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLETOR, KOTTAYAM. GOVERNMENT PLEADER SRI.M.R.SABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ L. A. A. No.1103 of 2009 ------------------------------------------------ Dated this the 31st day of August, 2011 JUDGMENT Bhavadasan, J The claimant is in appeal. His property in Lalam village was acquired pursuant to Section 4(1) notification published on 30/06/04 for the purpose of upgradation of Ettumanoor - Poonjar State Highway. The Land Acquisition Officer awarded land value at the rate of ` 16,973/- per Are. The Reference Court under the impugned judgment re-fixed the same to ` 33,027/- per Are. Aggrieved by the inadequacy in the compensation, the claimant approached this Court. 2. In this appeal, it is pointed out by the learned counsel for the appellant/claimant that this Court in L.A.A.1110/09 which pertains to acquisition of land in the same village acquired for the same purpose pursuant to the same notification, has re-fixed the land value at ` 1,23,500/- per Are. Counsel requested that following the decision taken L. A. A. No.1103 of 2009 -2- in that judgment, the land value of the property acquired in this case be re-fixed at ` 1,23,500/-. We do not find any reason to adopt a different method for re-fixing the land value of the property acquired in this case. Following the judgment in L.A.A.1110/09, we re-fix the land value of the property acquired in this case at ` 1,23,500/- per Are. 3. The learned counsel complained regarding the non- consideration of any enhancement towards the value of residential building by the Reference Court. The Land Acquisition Officer granted ` 2,87,216/- towards value of the building. According to the appellant, he has got the building valued through an Architect who assessed the value of the building at ` 5 lakhs. Counsel contended that some enhancement ought to have been granted on this count. 4. It is common knowledge that the Land Acquisition Officer awards building value based on PWD schedule of rates and construction of buildings as per PWD schedule of rates is not pragmatic or realistic. Even PWD tenders out its works above 35% or 40% over its published schedule of L. A. A. No.1103 of 2009 -3- rates. Taking these aspects into consideration, we feel that the appellant is entitled to a sum of ` 1,00,600/- as additional compensation for the building. We award a sum of ` 1,00,600/- to the appellant as additional compensation for the building. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total re-fixed compensation. 5. This appeal is allowed as above. No costs. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/-