IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 LA.App..No. 2497 of 2008(D) --------------------------- ( LAR NO. 43/2007 OF THE SUB COURT, KOYILANDY) APPELLANT(S): -------------- LEELA TEACHER, AGED 72, W/O.LATE K.C.RAMAKRISHNAN, "LEELA NILAYAM", THIRUVANGOOR AMSOM, AND DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.S.SAJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, (LA) NH-1, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, P.W.D. ROAD DIVISION, KOZHIKODE, CIVIL STATION P.O., CALICUT-20. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2011, ALONG WITH L.A.A. NO.381/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A. NOs. 2497 of 2008 & 381 of 2009 ------------------------ Dated this the 6th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are the appellants. Their properties in Chemencherry village were acquired pursuant to Section 4(1) notification published on 27/2/2004 for the purpose of widening of Atholi - Kuniyilkadavu Thiruvangoor road. The Land Acquisition Officer awarded land value at the rate of Rs.6377/- per cent. Before the Reference Court, the appellants produced Exts.A1 to A3. Moreover, the commission report was also obtained. The commissioner recommended that the acquired property is comparable to the property covered by Exts.A1 which reflected land value at the rate Rs.56,000/- per cent. The learned Sub Judge however did not become incline to place any reliance on Exts.A1 to A3 or the commission report. Ultimately, on evaluating the other evidence which was available on record, the learned Sub Judge would refix the market value of the land under acquisition at Rs.10,000/- per cent. In these appeals it is urged that the market value refixed by the Reference Court is LAA Nos .2497/2008 & 381 /2009 2 inadequate. 2. Sri.Saju S. Nair learned counsel for the appellants addressed us in detail on the basis of the various grounds. According to Mr.Saju, there was no justification for discarding Ext.A1. Ext.A1 should have been followed in which case the market value of the land was refixed at Rs.50,000/- per cent. However, as the claim in these appeals is limited to Rs.20,000/- per cent and Rs.25,000/- per cent respectively, the appeals be allowed to the extent they are prayed for, argued the counsel. 3. Sri.C.R.Shyamkumar learned senior Government Pleader would oppose the submissions of Mr.Saju S.Nair. He submitted that Ext.A1 was discarded by the Reference Court on valid reasons. A1 was a small bit of land. The commission report is not convincing. The learned Government Pleader drew our attention to the judgment of this court in L.A.A. No.2438/2008 where the value of properties situated in Atholi village acquired for the same purpose was refixed by this court at Rs.12,500/- per cent. According to him, the maximum value that can be granted to the appellants in these cases is at the rate of Rs.12,500/- per cent. LAA Nos .2497/2008 & 381 /2009 3 4. Having considered the rival submissions addressed at the Bar and also the judgment of this court in L.A.A. No.2438/2008, we are of the view that the market value of the land involved in both these appeals can be reasonably refixed at Rs.13,750/- per cent. 5. Hence, we allow both these appeals refixing the market value of the land under acquisition at Rs.13,750/- per cent. This means that the appellants will get Rs.3,750/- per cent more than what was awarded by the LAO. 6. The appellants will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the total refixed compensation. The appellants will get proportionate cost also. Decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memoranda is remitted. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk LAA Nos .2497/2008 & 381 /2009 4