IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 LA.App..No. 1468 of 2003() -------------------------- LAR.162/2000 of ADL.SUB COURT, THALASSERY .................... APPELLANT: CLAIMANT: -------------------- T.S.MOIDEEN, S/O. MAMMU HAJI, THEKKETHOTTATHIL, KOLAYAD, KANNAVAM, KANNUR DIST. BY ADV. SRI.P.P.RAMACHANDRAN SRI.SHEJI P.ABRAHAM RESPONDENTS: RESPONDENT: ------------------------ THE SPECIAL TAHSILDAR, L.A. THALASSERY P.O. THALASSERY. BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMARI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, ALONG WITH L.A.A.NO.1468/2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1468 of 2003 & L.A.A.No.81 of 2004 ----------------------------------------- Dated this the 17th day of January, 2008 JUDGMENT Kurian Joseph,J. These are appeals filed by the claimants aggrieved by the fixation of land value by the reference court, namely the Sub Court, Thalassery. The acquisition is for the purpose of construction of Kannavam Bridge. The Land Acquisition Officer fixed the land value at Rs.3,880/- per cent. The claimants have produced Exts.A2 and A3 documents. Ext.A2 indicates the land value around Rs.15,000/- whereas Ext.A3 indicates the land value at Rs.7,500/- per cent. The Commissioner reported that the land value is between Rs.10,000/- and Rs.20,000/-. But it is seen that the report of the Advocate Commissioner was prepared in the year 2002, whereas the Section 4(1) notification was in the year 1997. Be that as it may, as rightly observed by the reference court Exts.A2 and A3 though cannot be relied on since those properties are having road frontage, the same would give an indication as to the land value available at the locality. L.A.A.No.1468 of 2003 & L.A.A.No.81 of 2004 -:2:- Potential for future development is one of the facts to be taken note of in fixing the land value. Taking note of the entire facts and circumstances of the case, particularly the lie and location of the property we are of the view that 60% enhancement over and above the land value fixed by the Land Acquisition Officer would be a just, proper and reasonable fixation. Accordingly the appeal is partly allowed refixing the land value at 60% over and above the land value fixed by the Land Acquisition Officer, that is Rs.6,208/- per cent. The appellants will also be entitled to all statutory benefits including interest on solatium. The interest on solatium will be payable only from 19-9-2001. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1468 of 2003 & L.A.A.No.81 of 2004 ---------------------------- JUDGMENT 17th January, 2008