IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 LA.App..No. 1695 of 2007 LAR.16/2001 OF SUB COURT, THODUPUZHA APPELLANT: CLAIMANT S.LATHA KUMARI, W/O.CHANDRAHASAN, KOCHUKANDATHIL, MANAKKADU. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.MIGANNED SAJEER S.K. RESPONDENT: RESPONDENT STATE OF KERALA, REPRESENTED BY THE REVENUE DIVISIONAL OFFICER, IDUKKI. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A.NO. 1695 OF 2007 ------------------------------------------------------------- Dated this the 27th November, 2008 JUDGMENT Kurian Joseph, J. This is an appeal filed by the claimant in L.A.R.No.16 of 2001, on the file of the Sub Court, Thodupuzha. The acquisition is for the purpose of widening Thodupuzha-Ramamangalam public road. The total extent involved is only 0.60 Are. The Land Acquisition Officer fixed the land value at Rs.11,291/- per cent. Relying on Ext.A6 document, the Reference Court enhanced the land value at Rs.33,350/- per cent. Ext.A6 document was executed on 22.3.1997. By that document, an extent of 30 cents of land was purchased for setting up of a tribal school. Even according to the Reference Court, that property is not comparable with the acquired property. That property is situated in a remote area where there are no commercial or public institutions and yet only 15% enhancement was given over and above the value of Ext.A6 property in order to fix the land value in respect of the acquired property which is situated on the side of a main road. It is to be noted that Ext.A6 document was executed on 22.3.1997 whereas Section 4(1) notification in the present case is dated 18.8.1999. Going by the accepted principle of enhancement at the rate of 15% per annum, the land value should have been fixed at around Rs.46,000/-. But, as already observed above, there is no similarity or comparability between Ext.A6 property and the L.A.A. NO.1695 OF 2007 :: 2 :: acquired property and hence a meager enhancement at the rate 15% would not be sufficient, particularly in the light of the report of the advocate commissioner that the acquired property is situated in a commercially important locality and that going by the market value in that area the land value could be much more. 2. On an over all assessment of the evidence available on record, we feel that if the land value is fixed at Rs.50,000/- per cent, it would be just, proper and reasonable fixation in this case, in view of the locational advantages of the property. Therefore, the land value is fixed at Rs.50,000/- per cent. The appellant shall also be entitled to all the consequential and eligible statutory benefits in respect of the land value at the rate of Rs.50,000/- per cent. The appellant shall also be entitled to proportionate costs. The amount already received will be duly adjusted. The appeal is partly allowed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/