IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 LA.App..No. 344 of 2011 (A) -------------------------------- LAR.357/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): R1 IN LAR ----------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR --------------------------------------------------------------------- 1. M.KHADEEJA BEEVI, CHERUVALLIKKARI VEEDU, VALLAKKADAVU P.O., THIRUVANANTHAPURAM.-695008 2. M.NABEEZA BEEVI, CHERUVALLIKKARI VEEDU, VALLAKKADAVU P.O., THIRUVANANTHAPURAM.-695008 3. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. ADV. SRI.LAL GEORGE FOR 1,2. SMT.M.J.INDUJA FOR R1,R2. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.344 of 2011 ------------------------------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was situated in Pettah village and the acquisition was pursuant to Section 4(1) notification published on 14/01/05 for the construction of KSRTC Bus Terminal at Enchakkal within the limits of the Thiruvananthapuram City Corporation. The Land Acquisition Officer awarded land value at the rate of ` 76,032/- per Are. The Reference Court under the impugned award re-fixed the land value at ` 17 lakhs per Are. 2. Various grounds are raised assailing the award of the Reference Court. Sri.C.R.Shyamkumar, the learned senior Government Pleader would argue on the basis of all those grounds pointing out that this is a case where the Reference Court has awarded to the claimants more than what they had claimed in the claim statement. In the claim statement L. A. A. No.344 of 2011 -2- they claimed only ` 5 lakhs per cent corresponding to ` 12,36,000/- per Are. 3. Sri.Lal George appearing for the claimants per contra would draw our attention to the various judgments of this Court pertaining to acquisition of land in various villages within the city limits. He particularly referred to the judgments in L.A.A. Nos.867/08, 501/09, 2413/08 and 1973/08. Learned counsel submitted that uniformly this Court has adopted a minimum rate of ` 14 lakhs per Are as the correct value to be given for the properties in Pettah village. 4. Having considered the rival submissions addressed at the Bar, we find force in the submission of Sri.Shyamkumar that the court below erred in awarding to the respondents more than what they had claimed through their claim statement. The findings entered by the learned Subordinate Judge regarding the market value of the property under acquisition is not founded on legal evidence. At any rate, taking into account the judgments of this Court L. A. A. No.344 of 2011 -3- pertaining to acquisition of land in Pettah village in other cases at more or less the same point of time, we feel that the respondents/claimants can be given what they had claimed through their claim statement. We allow this appeal and re-fix the market value of the land under acquisition at ` 12,36,000/- pr Are. The appeal is allowed, however without any order as to costs. The claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE