IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 LA.App..No. 862 of 2007 ---------------------------- LAR.186/2002 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- CHIRAKKADAVU GRAMA PANCHAYAT, PONKUNNAM P.O., KOTTAYAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): CLAIMANT AND 1ST RESPONDENT ---------------------------------------------------------- 1. JOSE JACOB, VETTIKKATTU, CHIRAKKADAVU, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. ADV. SRI.ROY CHACKO FOR R1 SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2009 A/W L. A. A. Nos.859, 1388 of 2007 & 1613 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. Nos.862, 1388, 859 of 2007 & 1613 of 2008 ------------------------------------------------ Dated this the 22nd day of July, 2009 JUDGMENT Pius C. Kuriakose, J LAA.862/07 is preferred by the Requisitioning Authority/Chirakkadavu Grama Panchayat and LAA.1388/07 is preferred by the claimant being aggrieved by the award of the Land Acquisition Reference Court in LAR.186/02. Similarly, LAA.859/07 and LAA.1613/08 are preferred respectively by the Requisitioning Authority and claimant against the award of the Reference Court in LAR.182/02. These appeals pertain to acquisition of land at Ponkunnam for the purpose of development of Private Bus Stand at L. A. A. Nos.862, 1388, 859 of 2007 & 1613 of 2008 -2- Ponkunnam situated within the area of the Requisitioning Authority the Chirakkadavu Grama Panchayat. The Relevant Section 4(1) notification was published on 24/01/2000. The Land Acquisition Officer awarded land value at the rate of Rs.1,23,240/- per Are. The Reference Court tried the two LAR cases jointly and would refix the land value at Rs.2,46,478/-. The Requisitioning Authority in their appeals contend that the enhancement granted by the Reference Court is excessive and pray that the same be set aside and the award of the Land Acquisition Officer be restored. The claimants however, in their appeals contend that the enhancement granted by the Reference Court is inadequate and pray that they L. A. A. Nos.862, 1388, 859 of 2007 & 1613 of 2008 -3- be granted enhancement by at least Rs.83,000/- per cent over and above what is awarded by the Land Acquisition Court. In other words, as against the land value of Rs.1 lakh per cent awarded by the Reference Court they claim that they be awarded total land value of Rs.1,83,000/- per cent. 2. We have heard the submissions of Sri.V.G.Arun, the learned counsel for the appellant/Requisitioning Authority and those of Sri.Roy Chacko learned counsel for the appellants/ claimants in their respective appeals. Sri.Roy Chacko would draw our attention to the various items of evidence and argue that the court below was extremely miserly while awarding L. A. A. Nos.862, 1388, 859 of 2007 & 1613 of 2008 -4- compensation. Per contra Sri.V.G.Arun would argue that the enhancement granted is excessive. 3. We have anxiously considered the rival submissions addressed at the Bar and we have scanned the judgment of the Reference Court. We have made a re-appraisal of the evidence which was available before the Reference Court which consisted of Exts.A1 to A7, R1 and R2, C1 and C2 Commission Report and testimonies of the Commissioners CW1 and CW2 apart from the oral evidence of AW1. We are of the considered view that the Reference Court was slightly miserly when it came to fixing the market value of the properties under acquisition. The evidence including the reports submitted by the Advocate Commissioners to which no objections were filed L. A. A. Nos.862, 1388, 859 of 2007 & 1613 of 2008 -5- by the Requisitioning Authority or the Government will reveal that the property in question was situated with direct frontage of Kottayam-Kumali road in an area which can easily be described as the heart of Ponkunnam town. The properties had considerable commercial potentialities and had nearness to various commercial and other establishments. No counter oral evidence was adduced by the Government or the Requisitioning Authority to the evidence adduced on the side of the claimants. We are of the view that on a better appreciation of the evidence on record, the market value of the lands under acquisition can be fixed at Rs.1,30,000/- per cent corresponding to Rs.3,21,100/- per Are. Allowing the appeals filed by the claimants, we re-fix the value of the lands under acquisition at Rs.3,21,100/- per Are. The L. A. A. Nos.862, 1388, 859 of 2007 & 1613 of 2008 -6- 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 total enhanced compensation to which they become eligible by virtue of re-fixation done under this judgment. Appeals preferred by the claimants are allowed. Appeals preferred by the Requisitioning Authority are dismissed. Parties are directed to suffer their respective costs in the appeals. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-