IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 LA.App..No. 1952 of 2002 & CROSS OBJECTION NO.111/04 -------------------------- APPELLANT(S): 1ST CLAIMANT -------------------------- 1. AYYAPPAN GOPALAKRISHNAN KRISHNA BHAVANAN, PONMANA FROM CHENGASSERIL VEEDU, PANDARATHURUTH, THURAYIL ( DIED) ADDITIONAL APPELLANTS 2. RETNAYINI KRISHNA BHAVANAM, PONMANA P.O. CHAVARA, KOLLAM DISTRICT 3. ANIL.G. -DO- 4. SUNIL.K.G. -DO- 5. LILLY.R KALATHIL HOUSE, THOTTAPPALLY P.O. ALAPPUZHA DISTRICT 6. LIZY.R SREE BHAVANAM, PADA SOUTH KARUNAGAPPALLY P.O., KOLLAM DISTRICT Additional appellants impleaded vide order dated 14/07/2009 in IA.No.4312/08 BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): RESPONDENTS AND 2ND CLAIMANT ------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE REVENUE DIVISIONAL OFFICER, KOLLAM LAA.NO.1952/02 2. HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY THE CHIEF GENERAL MANAGER, ERNAKULAM 3. THE SECRETARY, KARUNAGAPPALLY AGRICULTURAL AND RURAL DEVELOPMENT BANK, KARUNAGAPPALLY P.O. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R2 GOVT. PLEADER SMT.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1952 OF 2002 & Cross Objection No.111 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal and cross objections pertain to the judgment and decree of the land acquisition reference court, Kollam in L.A.R.No.131/1991. The acquisition was for the purpose of construction of storage depot for the cross objector requisitioning authority namely Hindustan Petroleum Corporation Ltd. The relevant Section 4(1) notification was published on 11-10-1991. The land acquisition officer categorised lands under acquisition as garden lands and wet lands and awarded land value at the rate of Rs. 2127/- per Are and Rs. 514/- per Are respectively . The reference court under the impugned judgment has refixed the land value of garden lands at 3705/- per Are and that of wet lands at Rs. 900/- per Are. 2. Having regard to the submissions addressed by Sri.B.Suresh Kumar, learned counsel for the appellant and Smt.Thushara, learned counsel for the cross objector - requisitioning LAA.No.1952/02 2 authority and also Smt.Sumangala, learned Government Pleader, we are of the view that the reference court was a little miserly while fixing the value of properties . It is noticed by us that during the pendency of certain appeals ( see L.A.A.No.329/05 and connected appeals) preferred by some of the claimants whose lands were acquired for the same purpose , the issue was compromised between the claimants and the requisitioning authority and the requisitioning authority agreed to pay a sum of Rs. 1000/- per cent over what was awarded by the land acquisition officer in full and final settlement of the claims. The above compromise was accepted by this court and those appeals were disposed of accordingly. Noticing that compromise as well as the evidence on record, we are of the view that the market value of garden lands under acquisition in this case can be refixed safely at Rs. 4598/- per Are and those of wet lands under acquisition can be refixed at Rs. 1110/- per Are. The appeal will stand allowed and the cross objection will stand dismissed accordingly refixing the market value of the property under acquisition at Rs.4598/- per Are ( garden lands) and at Rs.1110/- per LAA.No.1952/02 3 Are ( wet lands). It is needless to mention that the claimant will be entitled for all statutory benefits admissible under Section 23 (1A), 23 (2) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of our refixation of the market value. The parties are directed to suffer their costs in the appeal as well as in the cross objection. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.1952/02 4