IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 71 of 2010() ------------------------ LAR.29/2006 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- SRI.THOMAS, S/O. EMMANNUEL, THOTTUMKAL, KARIMKUNNOM, THODUPUZHA.VIA. BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE ASSISTANT EXECUTIVE ENGINEER, KSTP DIVISION, PWD PONKUNNOM, KANJIRAPPILLY. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, ALONG WITH L.A.A. NO.892/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..Nos. 71 & 892 OF 2010 ------------------------ Dated this the 14th day of January, 2011 JUDGMENT Balakrishnan, J. The claimants are in appeal. Properties covered by these two cases are falling under Group IV (A). Land value fixed by the Land Acquisition Officer was Rs.19,752/- per Are. The Reference Court refixed the land value at Rs.58,444/- per Are. The learned counsel for the appellants submits that the land value fixed by the court is too low. We take note of the fact that while refixing the land value, considering the category of land in which these lands are situated, the Land Acquisition Officer took approximately 90% of the land value fixed in respect of the lands falling under Group III(B). Taking roughly 90% of the value of the land fixed for Group III(B) as land value, we find that the land value of properties acquired in these two cases can be refixed at Rs.38,215/- per cent. 2. It is submitted by the learned counsel for the appellants that in the property acquired from the claimants in L.A.A. No.892/2010 there was a building. The Reference Court LAA.Nos.71 & 892/2010 2 confirmed the value of the building fixed by the Land Acquisition Officer at Rs.2,57,367/-. The learned counsel for the claimants submits that the value of the building was fixed based on the PWD schedule of rate. It is common knowledge that the rate fixed by the PWD would be always low when compared to the actual value of the building. Taking note of that fact, we find that the value of the building can be enhanced by 20% and as such the appellants in L.A.A.No.892/2010 are entitled to get Rs.51,473/- over and above the value of the building fixed by the Land Acquisition Officer as additional compensation towards the building. These appeals are allowed to the above extent. The 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. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk