IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 LA.App..No. 1565 of 2009() -------------------------- LAR.258/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS: ------------------------- 1. LALITHA KUMARI, BALAKRISHNA NIVAS (PANAYIL PUTHEN VEEDU) MUDAVARAM MURI, GOLF LINKS ROAD, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. 2. S.MEENA, BALAKRISHNA NIVAS (PANAYIL PUTHEN VEEDU)MUDAVARAM MURI, GOLF LINKS ROAD, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, SEWERAGE PROJECT DIVISION, OBSERVATORY HILLS, THIRUVANANTHAPURAM. ADV. SRI.GOPAKUMAR R.THALIYAL FOR R1,R2 SRI.V.MADHURIPAN PILLAI FOR 1,2 SRI.N.P.PRAJEESH FOR 1,2. SMT.AMBIKA DEVI, SC, KWA FOR R3 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 1565 of 2009 ----------------------------------------------- Dated this the 27th day of May, 2010 J U D G M E N T Pius C.Kuriakose, J. This appeal coming up for admission we have heard the submissions of learned senior Govt. Pleader Smt. Latha T.Thankappan. Smt. Ambikadevi, learned standing counsel for the Water Authority and also Sri. Gopakumar R.Thaliyal, learned counsel for the claimant respondent. Smt. Latha T. Thankappan submitted that it is relying solely on Ext.A1 that the learned Subordinate Judge granted enhancement. She pointed out that Ext.A1 is a post notification document. Mr.Gopakumar would justify the impugned judgment by saying that the property is situated very near to Kawdiar Palace in Sasthamangalam Village. The present rate fixed by the Court, according to him, is far below the market rate at the relevant time. Smt. Ambikadevi endorsing the argument of the learned senior Govt. Pleader submitted that LAA. No. 1565/09 -2- the court below ought not have relied on Ext.A1 which was a post notification document only. The court below should have confirmed the award of the L.A. Officer. 2. We have anxiously considered the rival submissions. It is not disputed before us that the property was situated in Sasthamangalam Village and near to the Kawdiar Palace. We notice various judgments of this Court pertaining to acquisition of land in the same village and more or less acquired at the same time. At the same time, we find some merit in the submission of the learned Govt. Pleader as well as the learned standing counsel for the Water Authority that awarding full amount reflected in Ext. A1 which is a post notification document was not justified. Taking all relevant aspects into account we re-fix the value of the land under acquisition at Rs.4,34,600/- per Are. 3. Appeal is allowed to the above extent only. Needless to mention that the claimant respondent will be LAA. No. 1565/09 -3- entitled to all statutory benefits on the total enhanced compensation to which she is eligible by virtue of the re- fixation done under this judgment. The parties are directed to suffer their costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-