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 27TH JANUARY 2011 / 7TH MAGHA 1932 LA.App..No. 979 of 2010(D) -------------------------- LAR.19/2005 of SUB COURT, HOSDRUG .................... APPELLANT(S): -------------- T.K.RAJENDRAN, S/O.(LATE)KANNAN, R/AT VIJAYA VIHAR, PEROLE VILLAGE, PALLIKKARA, NELIESHWAR P.O.,KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LA)KANNUR. 2. STATE OF KERALA, REP.BY DISTRICT COLLECTR, KASARAGOD. 3. THE EXECUTIVE ENGINEER, N.H.DIVISION, KANNUR. SR. GOVT. PLEADER SMT. LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2011, ALONG WITH LAA NO. 1169 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. Nos. 979 & 1169 of 2010 ----------------------------------------------- Dated this the 27th day of January, 2011 J U D G M E N T Pius C.Kuriakose, J. Both the Government as well as the claimants are in appeal. LAA. No. 1169 of 2010 is the appeal preferred by the Government and LAA. No. 979 of 2010 is the appeal preferred by the claimant. Acquisition was for the purpose of construction of railway over bridge and approach road at Pallikkara pursuant to section 4(1) notification published on 9-9-2002. The land acquisition officer awarded land value at the rate of Rs.1,972.31 per cent. The reference court under the impugned judgment re-fixed the same at Rs.4871.76. We don't think that the Government can have any legitimate grievance regarding the land value re-fixed by the court under the impugned award as we find that there is evidence on record justifying re-fixing land value at higher rates. The Government in their appeal challenges LAA. No. 979 & 1169 of 2010 -2- the enhancement granted by the court below towards value of the building which existed on the property. Having gone through the impugned judgment we feel that at best it is only a mistake that has been committed by the court below. It is open to the Government to move the reference court itself for correction of mistake if any, in its award pertaining to compensation for the buildings which existed on the property. Giving to the Government that liberty we dismiss the Government's appeal. 2. We shall now deal with the appeal preferred by the claimant. This appeal is confined to the appellant's claim for enhanced land value. Having made a thorough reappraisal of the evidence and having taken into account decision of this court in other cases pertaining to acquisition of land in the same village including the documents which were placed on record by the appellant before the reference court we are of the view that there is every justification for re-fixing the LAA. No. 979 & 1169 of 2010 -3- market value of the land under acquisition at Rs.25,000/- per cent. It is accordingly re-fixed. LAA. No. 979/2010 will stand allowed to the above extent. Enhanced compensation will be calculated on the basis of such re-fixation. Appellant will be entitled for all statutory benefits also. However, the parties are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-