IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 LA.App..No. 349 of 2006() ------------------------- AGAINST THE ORDER DATED 30/09/2005 IN LAR.47/1999 of SUB COURT, MANJERI .................... APPELLANT(S): SUPPL.2ND RESPONDENT: ----------------------------------- THE MANAGING DIRECTOR, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): 1ST RESPONDENT AND CLAIMANT: ------------------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. POOLAKKAL KARATTUCHALI PATHUMMA, REPRESENTED BY AUTHORISED AGENT, MANNISSERI MOHAMED SAFEER, S/O. POLAKKAL KARATTUCHALI PATHUMMA, PANAKKAD, MALAPPURAM. BY GOVT. PLEADER SMT.LATHA.T.THANKAPPAN FOR R1 SRI.BABU S. NAIR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.349 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2009 JUDGMENT Pius.C.Kuriakose, J. The requisitioning authority is in appeal and they are challenging the enhancement in land value awarded under the impugned judgment. However, it is fairly submitted before us by Sri.Joby Cyriac, learned counsel for the appellant that enhancement of land value at the rate granted under the impugned judgment has been approved by this court by other judgments including the judgment in L.A.A.No.530/2005. We do not find any ground for interfering with the refixation of market value of land by the reference court. At the same time, we find that the court below which has granted land value for the entire extent of land acquired omitted to notice that for a portion of the land , the compensation had been determined by the land acquisition officer by adopting the method of capitalisation of income. Therefore as the court is awarding land value for the entire land, it is necessary that the value which was awarded to the respondent towards improvements has to be deducted. Accordingly, it is clarified that from the total land value redetermined on the basis of refixation of land value under LAA.No.349/2006 2 the impugned judgment, whatever amount was paid by the land acquisition officer towards value of improvements will have to be deducted. In all other respects, the impugned judgment will stand confirmed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.349/2006 2