IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 LA.App..No. 879 of 2007(D) -------------------------- LAR.62/2003 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: CLAIMANT: -------------------- ELIZABATH, AGED 38 YEARS, W/O.JOSEPH, PUTHUSSERY HOUSE, MALIANKARA P.O., MOOTHAKUNNAM VILLAGE, PARUR TALUK, ERNAKULAM DIST. BY ADV. SRI.K.S.BABU SMT.N.SUDHA SRI.K.S.GOPI RESPONDENTS: RESPONDENTS: ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.879 of 2007 ---------------------------------------------- Dated 3rd January, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the judgment and decree in LAR 62/2003 on the file of the Additional Sub Court, North Paravur. The acquisition is for Maliankara-Munambam bridge. The appellant is aggrieved since no enhanced compensation was granted for structures. The structures include a compound wall, well and tube well. The Land Acquisition Officer applied PWD rate and granted compensation to the tune of Rs.15,481/- for structures. The claimant obtained a detailed valuation statement examined through a private expert and made a claim on the basis of that report. But the court below rightly noted that such an arrangement was made without intervention of the court. Still further, it was noted that on the basis of the admitted evidence of the expert himself, that report cannot be considered for enhancement. Be that as it may, since admittedly the valuation made by the Land Acquisition Officer is only on application of PWD rates, being a settled position, the claimant shall be entitled to enhancement at least to the tune of LAA NO.879/07 2 30%, in view of the difference between the market rate and PWD rate at the relevant time. In the above circumstances, we partly allow the appeal holding that the appellant shall be entitled to a further amount of Rs.5,160/- towards value of structures, along with statutory interest. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO.879 OF 2007 ---------------------------------------------- J U D G M E N T Dated 3rd January, 2008.