IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 LA.App..No. 1076 of 2008(D) --------------------------------------- LAR.123/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DIRECTOR, TOURISM DEPARTMENT, THIRUVANANTHAPURAM, BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S)/CLAIMANTS: -------------------------------------------- 1. PAULOSE ANTONY FERNANDES,T.C NO.32/689, M.A.BHAVAN,BELANAGAR COLONY, VATTAKKADU, THIRUVANANTHAPURAM, 2. MARIYAN ANTONY, T.C. NO. 32/689, M.A.BHAVAN,BELANAGAR COLONY, VATTAKKADU, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1 & 2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1076 of 2008 ------------------------------------------------ Dated this the 24th day of February, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Kadakampally village and the acquisition was for the purpose of construction of Amusement Park. The acquisition was pursuant to Section 4(1) notification published on 09/02/1998. A portion of the property belonging to the respondent was included by the Land Acquisition Officer in category-B and he awarded value of Rs.20,250/- per Are. Another portion was included in category-C and awarded value of Rs.15,187.50/- per Are. Under the impugned judgment, the learned Subordinate Judge has re-fixed the market value of the entire property at Rs.1,23,500/- per Are. According to the court below, the categorisation made L. A. A. No.1076 of 2008 -2- by the Land Acquisition Officer is not scientific. 2. In this appeal, various grounds are raised assailing the fixation of market value and the action of the learned Subordinate Judge in doing away with the categorisation. 3. Having anxiously considered the submissions addressed before us by Smt.Latha T. Thankappan, the learned senior Government Pleader and Smt.Hemalatha, the learned counsel for the claimants, we find force in the submission of the learned senior Government Pleader that the court below was not justified in doing away with the categorisation of the properties into categories 'B' and 'C' by the Land Acquisition Officer. Though the learned Government Pleader argued that the market value fixed for category-B at the rate of Rs.1,23,500/- per Are itself is excessive, we are not impressed by that argument. We are of the view that for properties which were included by the Land Acquisition Officer in category-B, the present award of L. A. A. No.1076 of 2008 -3- Rs.1,23,500/- per Are is sustainable on the basis of awards in other cases pertaining to acquisition for the same project. However, according to us, for the properties which were included by the Land Acquisition Officer in category-C the market value will have to be reduced to Rs.92,625/- per Are. It is accordingly, reduced. The appeal is allowed to the above extent only. 4. The claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the re-fixed compensation to which they become eligible. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1076 of 2008 -4-