IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 LA.App..No. 245 of 2008() ------------------------- LAR.71/2001 of II ADDL.SUB COURT,THIRUVANANTHAPURAM .................... APPELLANT(S): CLAIMANTS: ------------------------------------------- 1. K.KRISHNAN, VIJAYALAYAM, OOTTUKUZHY, VILAPILSALA, THIRUVANANTHAPURAM(DIED). 2. GNANASELVAM, W/O.KRISHNAN, DO. DO. 3. K.SANAL KUMAR, S/O.K.KRISHNAN, VIJAYALAYAM, OOTTUKUZHY, VILAPILSALA, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE SECRETARY, CITY CORPORATION, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA R2 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, BY ADV. SRI.P.K.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2011 ALONG WITH LAA NO.242 OF 2008 AND LAA NO. 246 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. --------------------------------------------------- L.A.A.Nos. 242, 245 & 246 of 2008 ---------------------------------------------- Dated this the 5th day of July, 2011 JUDGMENT P.BHAVADASAN,J. The land involved in these appeals fall under Section 4(1) notification dated 25.04.1994. The Land Acquisition Officer awarded the land value @ Rs.11,213/- per Are. The respective appellants sought reference under Section 18 of the Land Acquisition Act. On reference, the Land Acquisition Reference Court considered the lands under category B and awarded the enhanced land value to Rs.24,700/- per Are. 2. The learned counsel appearing for the appellants in these cases, complain that the court below had not considered Exts. A4 and A5 in the proper perspective which show the land value at the relevant point of time. Ext.A5 was in respect of 13 cents of property, which was sold for a total consideration of Rs.1,20,000/-. Ext.A4 sale deed relating to 11 cents of property, L.A.A.Nos. 242, 245 & 246 of 2008 2 which was sold for a total consideration for Rs.1,50,000/-. It was contended that if the value covered by these documents are taken into consideration the land value for which the appellants are entitled to will be more than what is granted by the court below. According to the learned counsel, there was no justification for discarding these documents and reasons given to do so are unsustainable. 3. On hearing both sides and on going through the records, we find that there is some justification in the grievances pointed out by the appellants. Of course, it could not be said that the value shown in Exts.A4 and A5 as such could be taken. Anyway, it could not also be said that it is not relevant for the said purpose at all. The appellants are justified in the submissions that Exts.A4 and A5 have not been properly considered. After having considered the various aspects, we feel that it will be just and reasonable to fix the land value at Rs.28,300/- per Are. The appellants are entitled to the land value @ L.A.A.Nos. 242, 245 & 246 of 2008 3 Rs.28,300/- per Are and they also entitled to all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. The parties are to suffer their costs. PIUS C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE. ln