IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 LA.App..No. 79 of 2006(D) ------------------------- LAR.126/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- SANTHAKUMARI AMMA, T.C.NO.55/37, AMRITHA APARTMENT, AMRITHA NAGAR, TRIVANDRUM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENT(S): RESPONDENTS --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. 2. DIRECTOR, INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, NO.2347, PARAMARA ROAD, KOCHI-18. ADV. SRI.V.SANTHARAM, SC, IWAI FOR R2 GOVT. PLEADER SRI.BIJOY CHANDRAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009 ALONG WITH LAA.NOS.229/06, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.79 & 229 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. L.A.A.No.229/06 is preferred by the requisitioning authority and L.A.A.No.79/06 is preferred by the claimant. These cases pertain to acquisition of land and building in Purakkad village for the purpose of widening of narrow stretches of National Waterway No. III . The relevant Section 4(1) notification was published on 24-8-1999. The land acquisition officer awarded land value at the rate of Rs. 6829/- per Are which in the present case was refixed by the land acquisition court at Rs. 25,000/- per Are. 2. We had occasion to deal with a number of other cases pertaining to the same acquisition wherein the same rate of land value was awarded by the land acquisition officer. We have by our judgment in those cases (see our common judgment in L.A.A.Nos.107, 162, 173 , 180 of 2006) refixed the market value of the land at Rs. 14,350/- per Are. For the reasons stated in that judgment, the market value of the land under acquisition in these cases has to be refixed at Rs. 14,350/-. It is accordingly ordered. 3. It is seen that the learned Subordinate Judge under the LAA.Nos. 79 & 229 of 2006 2 impugned judgment has awarded enhanced compensation of Rs. 58,882/- towards value of the building which existed on the acquired property. In fact, the rate of enhancement granted is 20% over the rate fixed by the awarding officer. We are of the view that there was justification in this case for awarding a further amount of Rs. 50,000/- to the respondent towards value of the building. After all it is well known that construction of buildings in conformity with the PWD schedule of rates is an unrealistic proposition and the PWD itself tenders out its works at 20 to 40 percentage above their own schedule of rates. Taking a more realistic view regarding the value of the building, we award a further amount of Rs.50,000/- towards value of the buildings. Both these appeals are allowed to the above extent. It is needless to mention that the appellants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and 28 of the Land Acquisition Act on the enhanced compensation to which they become eligible by virtue of our refixation under this judgment. Parties are directed to suffer their costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv LAA.Nos. 79 & 229 of 2006 2 sv.