IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 LA.App.No. 351 of 2007 ---------------------------- LAR.207/1997 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/CLAIMANT ------------------- S.S.BINDU, CHITHAMABARAVILAKATHU VEEDU, ATTIPRA, KAZHAKKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT/RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, ALONG WITH L.A.A. 354/2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------------ L.A.A. Nos.351, 354, 456 & 464 OF 2007 ----------------------------------------------- Dated this the 20th day of August, 2008. J U D G M E N T Harun-Ul-Rashid, J. The claimants in L.A.R.Nos.207, 206, 209 and 208 of 1997 on the file of the Sub Court, Thiruvananthapuram are the appellants. The appeals are directed against the judgment and decree passed by the reference court in respective cases. 2. The reference court dismissed L.A.R.Nos.207 and 208 of 1997 for the reason that the claimants remained absent and there were no representation when the case was listed for trial. L.A.R.Nos.206 and 209 of 1997 were dismissed finding that the claimants did not adduce evidence in support of their claim for enhanced compensation. It is submitted by the learned counsel for the appellants that there was no communication from the counsel who appeared before the reference court for the claimants. Therefore, they were unable to adduce evidence before the court below. L.A.A. No.351/07 & conn. cases 2 3. Learned counsel for the appellants submitted that in the connected cases acquired for the same purpose under the very same notification, the reference court granted increase of 20% land value than the land value fixed by the Land Acquisition Officer. It is also submitted that in view of the fixation of land value by the reference court in the connected cases for the same category, the claimants are also entitled to the same land value. We find that there is much force in the contention raised by the counsel for the appellants. The reference court granted 20% increase and the same was confirmed by this Court in L.A.A.No.1270/2007 and other similar cases on the file of the Sub Court, Thiruvananthapuram, which also relates to acquisition for the same purpose. 4. In the light of the fixation of land value by this Court in connected cases, there is no necessity to remand the cases for giving an opportunity to the claimants to adduce evidence. Therefore, we hold that the claimants are entitled to land value at the rate of 20% over and above the land value fixed by the Land Acquisition Officer. L.A.A. No.351/07 & conn. cases 3 In the result, the judgment and decree passed by the reference court in all these cases are set aside. The land value fixed by the Land Acquisition Officer at the rate of Rs.44,295/- per Are is enhanced to Rs.53,154/- per Are along with all eligible statutory benefits except interest at the rate of 15% for the period covered by the delay (ie.1294 days in L.A.A.Nos.351 and 464 of 2007 and 1187 days in L.A.A.Nos.354 and 456 of 2007). It is clarified that the compensation amount shall not exceed the claim made in the appeals for the purpose of valuation (ie. Rs.5 lakhs in L.A.A.Nos.351, 354 and 464 of 2007 and Rs.2 lakhs in L.A.R.No.456 of 2007). As graciously offered by the learned counsel for the appellants, they will also pay Rs.10,000/-(Rupees ten thousand only) to the District Legal Service Authority, Thiruvananthapuram. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No.351/07 & conn. cases 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. Nos.351, 354, 456 & 464 OF 2007 J U D G M E N T 20.08.2008