IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 LA.App..No. 841 of 2003() ------------------------- LAR.151/1998 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT: CLAIMANT ------------------- MATHEW, S/O.VARGHESE, CHITTETTUKALATHIL, VAZHAPPALLY EAST, CHANGANACHERRY. BY ADV. SRI.V.B.PREMACHANDRAN SRI.S.MADHAVAN NAIR RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, ALONG WITH L.A.A.NO.914/2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.Nos.841 & 914 of 2003 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Harun-Ul-Rashid,J. Both parties to L.A.R.No.151/1998 had filed these two appeals challenging the decree and judgment passed by the Sub Court, Kottayam. L.A.A.No.914/2003 was filed by the State challenging the fixation of land value and L.A.A.No.841/2003 was filed by the claimant questioning the quantum of fixation. 2. The extent of land acquired is 0.0210 hectares in Vazhappally East Village in Changanacherry Taluk. The property was acquired for the formation of Reach II of Changanacherry Bye-pass. The notification under Section 4(1) was published on 16-3-1995. 3. The Land Acquisition Officer awarded land value at the rate of Rs.44,467/-. The reference court refixed the land value at the rate of Rs.86,450/- less the amount awarded and also granted compensation at the rate of Rs.30,875/- towards the value of the building, gate etc. L.A.A.Nos.841 & 914 of 2003 -:2:- 3. The claimants examined AWs.1 to 3 and produced Exts.A1 to A5 documents. Exts.R1 and R2 are marked on the side of the respondent. Ext.C1 Commission report and Ext.C1(a) valuation report are also marked. The reference court, after examining all the documents produced, relied on Exts.A4 and A5 documents. The reference court found that the acquired property and the property covered by Exts.A4 and A5 are more or less similar and situated in the same locality. Therefore, placing reliance on the valuation shown in Exts.A4 and A5 the reference court refixed the land value at Rs.86,450/- per Are. The land value fixed by the reference court is fair and reasonable. No interference is called for. 4. Regarding value of structures in the property, the reference court stated reasons for the valuation at paragraph 9 of the judgment. Finding that the valuation adopted by the Land Acquisition Officer on the basis of PWD rates is not acceptable and considering the fact that the claimant is entitled to a reasonable enhancement in this respect, an increase of 25% of the value of the structures is found to be reasonable and granted accordingly. Therefore, the claimant was found to be entitled to an additional amount of Rs.30,875/-. L.A.A.Nos.841 & 914 of 2003 -:3:- 5. We had in several other similar matters considered the adequacy of value given to the structures in the properties acquired. We have taken a consistent stand that 30% increase over and above the value fixed by the Land Acquisition Officer on the basis of the P.W.D. rate is quite reasonable and just. In this case, the reference court had granted 25% increase in the value of structures. We find that 30% increase is fair and reasonable. Accordingly we modify the value of the structures by granting 30% increase over and above the value fixed by the Land Acquisition Officer. In the result the decree granting value of the building is modified by granting an enhancement of 30% over and above the value fixed by the Land Acquisition Officer. Accordingly these two appeals are disposed of. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.Nos.841 & 914 of 2003 ---------------------------- JUDGMENT 7th March, 2008