IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 LA.App..No. 304 of 2001(A) -------------------------- LAR.84/1995 of SUB COURT, CHERTHALA .................... APPELLANT(S)/CLAIMANT : ----------------------------------- K.J. SUSEELA, BHAGIBHAVANATHIL, KUTHIYATHODU. BY ADV. SRI.V.N.SWAMINATHAN SRI.S.DILEEP RESPONDENT(S)/ RESPONDENT : ---------------------------------------- KERALA STATE, REPRESENTED BY THE SPECIAL TAHSILDAR, (LA) NATIONAL HIGHWAY, CHERTHALA. GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA. SRI.RAJAN JOSEPH, ADDL.A.G. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 304 OF 2001 = = = = = = = = = = = = = = = Dated this the 9th day of December, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Cherthala in LAR 84/95. An area of . 58 Ares of dry land comprised in R.S.No.320/6A1-2-3-5 and 340/16B-16 of the Kuthiathode village was acquired for the purpose of widening the road. The Land Acquisition officer fixed the compensation a Rs.18,881/-. The Land Acquisition Court on a consideration of the entire materials fixed the land value at Rs.32,123/- per Are and the compensation which he is entitled to at Rs.18,631.34 and after deducting the amount already awarded ordered payment of Rs.5,809/- as compensation with attending benefits. 2. The documents relied upon are Exts.A1 to A5. Ext.A1 is the sale deed executed by one Rama Pai and others in favour of one Suseela, the claimant. In the said document the land value is shown as Rs.40,000/- per cent. There was a L.A.A. 304 OF 2001 -2- suit for specific performance of the contract as O.S.900/88 and by virtue of the compromise the document was executed wherein the land value is shown as Rs.40,000/-. The learned Land Acquisition Court did not accept Rs.40,000/- but fixed it at Rs.32,123/- per Are. It is to be borne in mind that the land acquired is for the purpose of widening the National Highway at an important centre called Thuravoor and out of the 0.58 Ares 0.18 ares are situated almost on the junction and 0.40 Ares are situated about 150 - 200 mtrs. away from the junction. Admittedly this can be only on the road side for the reason it is for the purpose of widening the road. The litigation would reveal the land value at Rs.40,000/-. The document also would reveal it at Rs.40,000/- but the Land Acquisition Court did feel that the husband of the claimant is an employee of the village office and as such the value given in the document cannot be taken at its value. It is to be remembered the transaction is of the year 1989 and the acquisition is of the year 1992 and one cannot compare the land value of today with that of the yester years for the reason that the land value has a sudden and a very steep raise and L.A.A. 304 OF 2001 -3- therefore we have to take into consideration the prevailing circumstances at that point in order to arrive at a figure. I feel after hearing the counsel for both the sides it is reasonable to fix the land value at Rs.20,000/- per cent for the property at the junction and even Rs.15,000/- for the property which is situated slightly away from the junction. When it is considered 0.18 Ares would come to 0.444 cents which is rounded as 0.45 cents and for that property the value would be Rs.9,000/-. Similarly for 0.40 Ares the extent will come to 0.98 cents and at the rate of Rs.15,000/- per cent the value would come to Rs.4,700/- and therefore the total value would come to Rs.23,700/- of which Rs.18,631/- has been granted. So the balance entitlement would be Rs.5,069/-. Therefore the LAA is partly allowed and the respondent is directed to pay an additional sum of Rs.5,069/- with all attending benefits that is given by the Court below. M.N. KRISHNAN, JUDGE. ul/- L.A.A. 304 OF 2001 -4- M.N. KRISHNAN, J. = = = = = = = = = = L.A.A. No. 304 OF 2001 = = = = = = = = = = = J U D G M E N T 9th December, 2009