IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 LA.App..No. 320 of 2011(D) ------------------------------- LAR.65/2007 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT IN THE LAR NO.65/2007 -------------------------------------------------------- RAMACHANDRAN,S/O.LATE VELAYUDHAN, THOPPILHOUSE, PEEKEYIL,MLA ROAD, NEAR NEDUVILA TEMPLE, NADAKKAVU PO, UDAYAMPEROOR,ERNAKULAM. BY ADV. SRI.S.ABDUL SALAM SRI.ANEESH CHIDAMBARAN RESPONDENT(S): RESPONDENTS IN THE LAR --------------------------------------------------- 1. THE STATE OF KERALA,REP.BY THE SPECIAL TAHSILDAR,(LA) NH NO.1, KAKKANADU,ERNAKULAM. 2. THE EXECUTIVE ENGINEER,NH(BRIDGES) DIVISION,KODUNGALLOOR. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.320 of 2011 ------------------------------------------------ Dated this the 20th day of June, 2011 JUDGMENT Pius C. Kuriakose, J We find good ground for allowing this appeal to a certain extent. The property was in Edappally North village and the acquisition was for National Highway-17. The Section 4(1) notification was published on 14/03/02. The Land Acquisition Officer awarded land value at the rate of ` 1,01,860/- per Are. The Reference Court re-fixed the land value at ` 1,42,604/- per Are. According to the appellant, the rate fixed by the court below is insufficient. 2. Having heard the submissions of Sri.Abdul Salam, the learned counsel for the appellant and those of Smt.latha T. Thankappan, the learned senior Government Pleader and having taken into account the judgment of this Court in L. A. A. No.320 of 2011 -2- L.A.A.1276/09 which pertains to acquisition of land included in a different category for the same purpose pursuant to the same notification, we feel that there is justification for re- fixing the market value at 70% above the rate fixed by the Land Acquisition Officer. Re-fixing that way, we re-fix the market value of the land under acquisition at ` 1,73,160/-. 3. The appeal will stand allowed to the above extent. On the total enhanced compensation, 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. However, when provision is made in the decree for interest under Section 28, the Section will have due regard to the conditions imposed by this Court while allowing C.M.A. No.734/11. Parties are directed to suffer their respective costs. 4. Registry will issue decree copy to the appellant only after ensuring that the full court fee payable on the appeal L. A. A. No.320 of 2011 -3- memorandum and the amounts ordered by this Court as cost in C.M.A.734/11 is paid. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-