IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 LA.App..No. 1609 of 2008(B) -------------------------------- LAR.96/2004 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT ----------------------------- K.P.SOSAMMA, D/O.PATHROSE, KANJIRAKKATTU HOUSE, MATTAKUZHY. BY ADV. SRI.B.PREMNATH (E) SRI.SHAJI SEBASTIAN RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA,REPESENTED BY THE SPECIAL TAHSILDAR (L.A), KOCHI REGINERIES LIMITED, TRIPUNITHURA. 2. THE DEPUTY GENERAL MANAGER (PROJECTS), KOCHI REFINERIES LIMITED, AMBALAMUGHAL. SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN M/S MENON & PAI, SC FOR COCHIN REFINERIES LTD THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1609 of 2008 ------------------------------------------------ Dated this the 30th day of June, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the submissions addressed before us by Sri.B.Premnath, the learned counsel for the appellant, M/s Menon & Pai, the learned counsel for the requisitioning authority and Sri.V.T.K.Mohanan, the learned senior Government Pleader, we notice that the issue of market value raised in this appeal is covered in favour of the claimant by our own judgment in L.A.A.797/09. Allowing the appeal, we re-fix the market value of the land under acquisition at ` 47,000/- per Are. Another claim which is seen raised is claim for enhanced building value. The Reference Court did not award any enhancement towards building value. In the appeal enhancement by 20% of what was L. A. A. No.1609 of 2008 -2- awarded by the Land Acquisition Officer is claimed. We feel that the claim is reasonable. We award to the appellant ` 74,031/- also as additional building value. The re-fixed enhanced compensation will carry statutory benefits under Section 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this Court on the delay petition on 15/09/08. Decree copy will be issued only after ensuring that those conditions are complied with and full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1609 of 2008 -3-