IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 LA.App..No. 315 of 2004() ------------------------- LAR.28/1996 of SUB COURT, PALA .................... APPELLANT(S): COUNTER PETITIONER IN IA/CLAIMANT IN LAR: ------------------------------------------------------- ELSY, W/O. DEVASIA, CHERUKARA PUTHENPURAYIL, MUTHOLAPURAM, ELANJI, MONIPPALLY VILLAGE, MEENACHIL TALUK. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR RESPONDENT(S): PETITIONER IN IA/RESPONDENT IN LAR: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.315 of 2004 ---------------------------------------------- Dated 3rd November, 2008. J U D G M E N T Kurian Joseph, J. The appeal is filed aggrieved by the fixation of land value by the reference court, Sub Court, Pala. The acquisition is for the purpose of MVIP. The property is situated near Monippally. It is not disputed that in connected cases, in view of the locational importance of the property, the reference court has granted 60% enhancement over and above the land value fixed by the Land Acquisition Officer. Admittedly, the property is situated near to Monippally junction, though it does not have direct road access. But at the same time, it is to be seen that it was a rubber estate with 8 years old tapping rubber trees (506 Nos.) and 25 years old Coconut trees (40 Nos.). It is also not in dispute that in several connected matters, this court has sustained the enhancement up to 60%, including those cases where larger extent is involved. In view of the potential utility of the acquired land, we are of the view that the appellant should also be granted a similar treatment. Therefore, the appeal is partly allowed. The land value is fixed at 60% over and above LAA NO.315/04 2 the land value fixed by the Land Acquisition Officer, which comes to Rs.13,256/- per Are. The appellant shall also be entitled to all consequential and eligible statutory benefits, including interest on solatium, with effect from 19.9.2001. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.315 of 2004 ---------------------------------------------- J U D G M E N T Dated 3rd November, 2008.