IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 LA.App..No. 66 of 2011() ------------------------ LAR.490/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS B TO J ------------------------------ 1. N.T.MOHANDAS, S/O.LATE N.T.SREEDEVI, CHAVAYUR, KUTHIRAVATTOM POST, KOZHIKODE TALUK. 2. N.T.SNEHALATHA, D/O.LATE N.T.SREEDEVI, CHAVAYUR, KUTHIRAVATTOM POST, KOZHIKODE TALUK. 3. N.T.SWARNALATHA, D/O.LATE N.T.SREEDEVI, CHAVAYUR, KUTHIRAVATTOM POST, KOZHIKODE TALUK. 4. N.T.SHYAMDAS, S/O.N.T.SREEDEVI, CHAVAYUR, KUTHIRAVATTOM POST, KOZHIKODE TALUK. 5. N.T.KRISHNADAS, S/O.N.T.SREEDEVI, SREEKRISHNA, VLAYANAD, GOVINDAPURAM, KOZHIKODE TALUK. 6. THANOOJA SUNDARDAS, W/O.LATE SUNDERDAS, MOHANALAYAM, KOTTOOLI, KOZHIKODE. 7. DEEPA SUNDERDAS, D/O.THANOOJA SUNDARDAS, MOHANALAYAM, KOTTOOLI, KOZHIKODE. 8. SHILPA SUNDERDAS, D/O.THANOOJA SUNDARDAS, MOHANALAYAM, KOTTOOLI, KOZHIKODE. 9. VISHNU SUNDERDAS, S/O.THANOOJA SUNDERDAS, MOHANALAYAM, KOTTOOLI, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S)/RESPONDENT: --------------- THE SPECIAL TAHSILDAR (LA), N.H.NO.I, KOZHIKODE, CALICUT-673 020. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 66 OF 2011 ------------------------ Dated this the 16th day of February, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimants pertain to acquisition of land in Chevayur Village for the purpose of construction of Kozhikode Bye pass. The relevant notification under Section 4(1) was published on 9/12/1993. The Land Acquisition Officer awarded land value for the garden lands at the rate of Rs.7418/- per Are and for the wet lands value was awarded at the rate of Rs.3427/- per Are. 2. The Reference Court under the impugned judgment, refixed the land value of garden land at Rs.35,000/- per cent and that of wet land at Rs.15,000/- per cent. Relying on the judgment of this court in L.A.A. No.774/2006, the learned counsel for the appellant Sri.P.V.Kunhikrishnan argues that there is every justification for refixing the value of garden land at Rs.50,000/- per Are and that of wet land at Rs.35,000/- per Are. LAA.No.66/2011 2 3. Smt.Latha T.Thankappan, learned senior Government Pleader submitted that the judgment of this court in L.A.A. No.774/2006 has not become final. Government intends to prefer an appeal to the Supreme Court against that judgment. She drew our attention to the judgment of this court in L.A.A. No.1096/2009 and submitted that in that case, for garden land for which the Land Acquisition Officer has awarded value at the rate of Rs.14,520/- per Are, this court had refixed the value at Rs.65,000/- per Are. According to the learned Government Pleader, once that judgment is followed, the maximum value that can be awarded to the garden lands in this case is Rs.45,000/- per Are. 4. Having anxiously considered the rival submissions addressed at the Bar and keeping in mind various judgments of this court relating to acquisition of land in Chevayur village more or less at the same time, we feel that this appeal is to be allowed and the market value of land under acquisition can be refixed. Allowing this appeal, we refix the market value of dry land at Rs.50,000/- per Are and that of wet land under acquisition at Rs.30,000/- per Are. LAA.No.66/2011 3 The appeal is allowed to the above extent. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. However, while decree is drafted, the provision is made for interest under Section 28. The Registry will have due regard to the conditions imposed by this court in its order dated 27/1/2011 in C.M.Appln.152/2011. The Registry will issue decree copy only after ensuring that full court fee payable on the appeal memorandum is paid and all the conditions in the order condoning the delay have been complied with. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk The words “per Are” occurring in the 7th and 8th lines of paragraph 4 of the judgment dated 16/2/2011 in L.A.A No.66/2011 are corrected and substituted as “per cent” vide order dated 21/3/2012 in I.A. No.422/12. Sd/- Registrar(Judicial) LAA.No.66/2011 4 PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ LAA.No.66/2011 5 C.M.Appln. 152 of 2011 in L.A.A.No. 66 Of 2011 ------------------------ Dated this the 27th day of January, 2011 O R D E R Pius C.Kuriakose, J. Heard both sides. The delay will stand condoned subject to the following conditions; i). The appellants shall pay a sum of Rs.10,000/- to the Government through the office of the Advocate General within two weeks from today. ii). The appellants shall pay an equal amount to the High Court Legal Services Committee within the same time limit. Iii). In the event of the appeal being allowed and the appellants becoming eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the L.A.Act during the period of 442 days condoned by this order. Annex a copy of this order to the judgment to be passed in LAA.No.66/2011 6 the appeal. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk