IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 LA.App..No. 1314 of 2009() -------------------------------------- LAR.NO. 424/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------------------------- UNNIKRISHNAN PILLAI, PALLETHU HOUSE, KANDALOOR NORTH MURI, KANDALLOOR VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENT(S): RESPONDENTS --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. 2. SOUTHERN RAILWAYS, ERNAKULAM REGION, REPRESENTED BY ITS GENERAL MANAGER. R1 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R2 BY ADV. SRI.V.K.MOHAMMED YOUSUF THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011, ALONG WITH LAA NO.1321 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. --------------------------------------------------- L.A.A.Nos. 1314 & 1321 of 2009 ----------------------------------------- Dated this the 4th day of July, 2011 COMMON JUDGMENT PIUS C.KURIAKOSE,J. Both these appeals are preferred by the claimant pertaining to acquisition of wet lands and reclaimed land in Kayamkulam village for the purpose of railways. The acquisition was pursuant to Section 4(1) notification published on 06.10.2004. For the wet land, the Land Acquisition Officer awarded land value @ 9,373/- per Are and at Rs. 17,448/- per Are for the reclaimed land. The reference court giving 55% enhancement over and above the value fixed by the Land Acquisition Officer has refixed the land value. 2. Having considered the submissions made by P.S.Krishna Pillai, the learned counsel appearing for the appellant and Sri.T.K.Vipin Das the learned Government Pleader appearing for the respondents, we feel that the learned Sub Judge was not justified in discarding documents produced by claimants in the determination of market value of the land involved in the acquisition. On reappreciating the evidence available in this case L.A.A.Nos. 1314 & 1321 of 2009 2 and on a better assessment, market value of wet lands involved in the acquisition can be refixed at Rs.15,470/- per Are. Similarly we feel that the market value of reclaimed land involved in the case can be refixed at Rs.28,800/- per Are. The rates are refixed accordingly. Appeals are accordingly allowed. The appellant will be entitled for all statutory benefits under Sections 23(1A), 23(2) and Section 28 of the Land Acquisition Act. However, while drafting the decree the section will have due regard to the conditions imposed by this court while condoning the delay in filing the appeal. The appeals are allowed, however without any order as to costs. PIUS C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE. ln