IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 LA.App..No. 1063 of 2008() ------------------------------------- LAR.360/1990 of SUB COURT, MAVELIKKARA .................... APPELLANT/RESPONDENT --------------------------------------- STATE OF KERALA BY GOVERNMENT PLEADER MR.V.T.K. MOHANAN. RESPONDENT/CLAIMANT ------------------------------------ KALYANI AMMA SARASAMMA, KACHANI VADAKKETHIL KIZHAKKETHIL, VALLIKUNNAM. BY ADV. MR.R.SUNIL KUMAR, SMT.A.SALINI LAL. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE S AME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ----------------------------------- L.A.A.NO.1063 OF 2008 ------------------------------------------- Dated this the 10th day of September, 2009 JUDGMENT This is an appeal preferred against the award of the Subordinate Judge, Mavelikkara in LAR.No.360/1990. 2.83 Ares of dry land comprised in Sy.No.389/10-4 of Vallikunnam Village was acquired for the purpose of KIP as per Section 3(1) notification dated 6.10.83. After an elaborate enquiry and on the basis of the two judgments – Exts.A1 and A2 passed in LAR Nos. 102/1985 and 211/1987, the learned Subordinate Judge fixed the land value of the property at Rs.7,350/= per Are which is equivalent to Rs.3,000/= per cent. It fixed it on the basis that even the claimant did have a claim of only Rs.3,000/= per cent. After deducting the amount which is fixed by the Land Acquisition Officer the court fixed the enhanced land value at the rate of Rs.5,385/= per Are. It is against that decision the State has come up in appeal. One of the judgments relied upon is Ext.A1. Ext.A1 is the judgment in LAR.No.102/1985 of the same court. There was an appeal against that judgment as LAA.No.1469/1998. A learned Judge of this Court after : 2 : L.A.A.NO.1063 OF 2008 considering the materials found that the land value has to be fixed at the rate of Rs.6,500/= per Are and disposed of the matter. Since one of the basic document relied upon by the Land Acquisition Court is the judgment in LAR.102/1985 and as this court had fixed the land value at the rate of Rs.6,500/= per Are it is only just and proper that the same amount is fixed for the property in this case as well for the reason that it is seen that the lands are similarly and closely situated. When it is so after detecting Rs.1,965/= which is the amount already awarded per Are, the balance entitlement would be Rs.4,535/= per Are. 2. Therefore, the land acquisition appeal is disposed of whereby the claimant is allowed to realise the enhanced land value at the rate of Rs.4,535/= per Are for 2.83 Ares with 30% solatium and 12% interest and the other entitlement already awarded by the land acquisition court. The appeal is disposed of accordingly M.N.KRISHNAN, JUDGE cl : 3 : L.A.A.NO.1063 OF 2008 : 4 : L.A.A.NO.1063 OF 2008