IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 LA.App..No. 503 of 2009() ------------------------- LAR.119/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT NO.1. ---------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): --------------- 1. GAILSAMMA FRANCIS, TC.26/2183, LORAVIL HOUSE, GENERAL HOSPITAL ROAD, THIRUVANANTHAPURAM. 2. VINOD FRANCIS,TC.26/2183, LORAVIL HOUSE, GENERAL HOSPITAL ROAD, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1 SRI.M.RAJAGOPALAN NAIR FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 503 of 2009 ----------------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. The Government is in appeal. The property was in Vanchiyoor Village. The acquisition was pursuant to Section 4(1) notification published on 2-12-2002. The purpose of acquisition was widening of Palayam - Pattoor Road. The L.A. Officer awarded land value at the rate of Rs.2,71,107/- per Are. Before the Reference Court the evidence adduced by the claimants consisted of Exts.A1, A2 and the oral evidence of AW-1. On the side of the Government, the evidence consisted of Exts.R1 to R4. R4 was the notes to award. A2 was the common judgment of the same court in LAR. No. 211 of 2005. The Reference Court relying on Ext.A2 would re-fix the land value at Rs.24,23,828/- per Are. The learned Govt. Pleader Smt. Sumangala submitted that Ext.A2 was a post notification judgment in thesense LAA. No. 503 of 2009 -2- that the Section 4(1) notification pertaining to Ext.A2 was much subsequent to the Section 4(1) notification in the present case (23-11-2003). We find considerable force in the submission of the learned Govt. Pleader. Once Ext.A2 is discarded it will be seen that there is no acceptable legal evidence on the basis of which the learned Sub Judge could have re-fixed the land value, except the oral evidence of AW-1. We notice that as against the oral evidence of AW-1 the Government did not adduce even formal counter evidence. At the same time, we cannot approve the action of the learned Subordinate Judge in having relied on Ext.A2, a post notification judgment for granting this much of enhancement to the respondent. According to us, the enhancement granted is exorbitant and cannot be approved. We notice our own judgment in LAA. No. 2008 of 2008 which was in respect of acquisition of land in the same village pursuant to a subsequent Section 4(1) notification LAA. No. 503 of 2009 -3- pertaining to acquisition of land for the purpose of widening of road from LMS to Attakulangara. The property in that case was situated in a much more important locality than the property involved in this case. Under our judgment we have re-fixed the value of the land involved in that case acquired much subsequent to the acquisition in the present case at Rs.24 lakhs per Are. Having regard to the reasons stated by us in that judgment and having taken into account the fact that though in the same village the locality of the land under acquisition in this case was having only much lesser importance, we are of the view that the maximum land value which the respondents can aspire for in this case is Rs.14,50,000/- per Are. Modifying the impugned judgment we re-fix the land value at Rs.14,50,000/- per Are. The appeal is allowed as above the parties are directed to suffer their respective costs in this appeal. Needless to LAA. No. 503 of 2009 -4- mention that for the total compensation to which the respondents become eligible by virtue of this judgment, they will get all statutory benefits. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-