IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 LA.App..No. 625 of 2005() ------------------------------------ LAR.199/2001 OF SUB COURT, MUVATTUPUZHA .................... APPELLANT/CLAIMANT: ----------------------------------- KURIAKOSE, S/O. MATHAI, PALAKKATTU, MANJALLOOR, MUVATTUPUZHA TALUK. BY ADV. SRI.K.K.SATHEESH RESPONDENT/RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), M.V.I.P., KALLOORKAD. BY GOVT. PLEADER SMT.P.N. SUMANGALA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2011, ALONG WITH LAA NO.628 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.625 and 628 of 2005 ---------------------------------------------------- Dated this the 8th day of June, 2011 Judgment Pius C.Kuriakose, J. The same claimant is the appellant in both these appeals. His properties in Manjalloor Village, Muvattupuzha Taluk were acquired pursuant to Section 4(1) notification published on 14.2.1997 for the purpose of M.V.I.P. For a portion of the properties, the Land Acquisition Officer awarded land value at the rate of Rs.8600/- per Are and for the remaining portion, he awarded land value at the rate of Rs.9600/- per Are. Various documents were produced by the claimant in support of his claim for enhancement. Ext.A3 was one of the documents upon which reliance was placed. Under Ext.A3 the court below had fixed the land value at Rs.16,700/- per Are. The submission is that the court below did not award same value for the acquired properties, instead what the court below did was to enhance the land value at Rs.2500/- per Are and refix the land value at Rs.11,100/- per Are and Rs.12,100/- per Are respectively. In LAA 625/05 & 628/05 2 these appeals various grounds are raised assailing the judgment of the reference court. Mr.K.K.Sathish, learned counsel for the appellants would submit that the court below was not at all justified in not relying on Ext.A3 completely. According to him, Ext.A3 and acquired properties were adjacent properties and there was every justification for awarding the same land value as was awarded under Ext.A3. The submissions of Mr.Sathish were opposed by the learned Government Pleader. She submits that the Land Acquisition Officer had awarded land value at Rs.11500/- per Are for the properties in Ext.A3 which means those properties were far superior to the properties in this case. 2. Having considered the rival submissions, we feel that the appellants cannot aspire for the same value as has been given to the properties under Ext.A3. At best, proportionate increase based on A3 can be granted. Giving proportionate increase relying on Ext.A3 the market value of the land for which the Land Acquisition Officer awarded at Rs.8600/- per Are will have to be refixed at Rs.12,470/- per Are which we round off to Rs.12,500/- per Are. Similarly, the market value of the land for which the LAA 625/05 & 628/05 3 Land Acquisition Officer awarded at Rs.9600/- per Are will be to be refixed at Rs.13,920/- per Are which we round off to Rs.14,000/- per Are. That means, we refix the land value at Rs.12,500/- per Are and Rs.14,000/- per Are respectively. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. The Registry will issue decree copy only after ensuring that the full court fee on the appeals will be remitted. The appeals are allowed as above. The parties are directed to suffer their respective costs in these appeals. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 625/05 & 628/05 4 LAA 625/05 & 628/05 5