IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 LA.App..No. 554 of 2008(C) ------------------------------- LAR.154/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS ---------------------------------- STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANTS --------------------------------- 1. P.T.BABURAJAN, THOTTARAKKAL HOUSE, P.O.ERANHIKKAL, ELATHUR VILLAGE. 2. P.T.RAJAN, THOTTARAKKAL HOUSE, P.O.ERNAHIKKAL, ELATHUR VILLAGE. 3. P.T.ASOKAN, THOTTARAKKAL HOUSE, P.O.ERANHIKKAL, ELATHUR VILLAGE. 4. P.T.SAUMINI, THOTTARAKKAL HOUSE, P.O.ERANHIKKAL, ELATHUR VILLAGE. 5. P.T.PUSHPA, THOTTARAKKAL HOUSE, P.O.ERANHIKKAL, ELATHUR VILLAGE. ADV. SRI.C.PUSHPODHARAN FOR R1-5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2009, A/W L.A.A. NOS.1388/05 & LAA.605/05, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. Nos.554 of 2008, 605 & 1388 of 2005 ------------------------------------------------ Dated this the 26th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Under challenge in this appeal preferred by the Government is re-fixation of the market value of the land under acquisition in Elathur village in Kozhikode district. The relevant Section 4(1) notification was published on 27/04/95. The Land Acquisition Officer awarded land value at the rate of Rs.10374/- per cent. The evidence before the Reference Court consisted of Ext.A1 sale deed and three Commissioner's Report apart from the oral evidence of the claimants' witnesses PWs.1 and 2. Ext.A1 sale deed which reflected a land value of Rs.43,000/- per cent was a L. A. A. Nos.554 of 2008, 605 & 1388 of 2005 -2- post notification document and could not have been relied on. The recommendation of the Advocate Commissioners were not on the basis of the land value revealed in any document. Recommendations were solely on the basis of the importance of the locality. The learned Subordinate Judge under the impugned judgment has awarded 200% increase obviously on guess work. According to us, it is not a good guess which was made by the learned Subordinate Judge. According to us, on the same set of evidence, making a better guess, the land value can be re-fixed at Rs.21,000/- per cent. Accordingly, allowing the appeal and in modification of the judgment of the Reference Court, we re-fix the land value at Rs.21,000/- per cent. L. A. A. Nos.554 of 2008, 605 & 1388 of 2005 -3- 2. The appeal will stand allowed to the above extent. It is made clear that the respondents/ claimants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-