IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 62 of 2010() ------------------------ LAR.15/2009 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- SRI.THOMAS, S/O.EMMANNUEL, THOTTUMKAL, KARIMKUNNOM, THODUPUZHA (VIA). BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S)/RESPONDENT: --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE ASSISTANT EXECUTIVE ENGINEER, KSTP DIVISION, PWD PONKUNNAM, KANJIRAPPILLY. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, ALONG WITH L.A.A. NO.662/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos. 62 & 662 OF 2010 ------------------------ Dated this the 14th day of January, 2011 JUDGMENT Balakrishnan, J. The claimants are in appeal. The properties in these two cases are categorized under Group IV-B. The Land Acquisition Officer fixed land value at the rate of Rs.17,777/- per Are. The Reference Court refixed the land value at Rs.52,600/- per Are. The learned counsel for the appellants submits that land value fixed by the Reference Court is too low when compared to the importance of the locality in which those lands are situated. The Land Acquisition Officer while refixing the land value found that approximately 80% of the value fixed in respect of lands categorised as III (B) would be the value of the land coming under category IV-B. It is seen that the ratio adopted by the Land Acquisition Officer is reasonable and as such adopting the same ratio, we find that the value of the property covered in these two cases can be fixed at Rs.34,000/- per cent. 2. It is pointed out by the learned counsel for the LAA.Nos.62 & 662/2010 2 appellants that in the property acquired from the claimant in L.A.A. No.662/2010 there was a building for which value fixed by the Land Acquisition Officer is Rs. 6,90,352/-. The learned counsel for the appellants claims that the value of the building was fixed based on the PWD rate. It is common knowledge that the rate fixed by the PWD would be always low when compared to the actual value of the building. Taking note of that fact, we find that the value of the building can be enhanced by 20% and as such the appellant in L.A.A. No.662/2010 is entitled to get a further sum of Rs.1,21,820/- as the value of the building in addition to the value fixed the Land Acquisition Officer. The appeals will stand allowed as above. The claimants will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk