IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 LA.App..No. 1424 of 2000() -------------------------- LAR.26/1995 of SUB COURT, MANJERI .................... APPELLANT(S)/CLAIMANT: -------------- MANJERI PUTHIYEDATH MUHAMMED KURIKKAL ALIAS BAPPUTTY KURIAKKAL, SON OF MOIDEEN KURIKKAL, MANJERI. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S)/RESPONDENT: --------------- GOVT. OF KERALA REP. BY THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1424 OF 2000 ------------------------ Dated this the 21st day of October, 2009 JUDGMENT Pius C.Kuriakose, J. Judgment dated 14/10/2009 is suo motu recalled and we have heard Sri.Sathyanatha Menon, learned counsel for the appellant and Sri.Basant Balaji, learned senior Government Pleader again. 2. Our attention is drawn by Sri.K.M.Sathyanatha Menon to the judgment of this court in L.A.A. No.1379/2000 arising from the judgment of the Reference Court in LAR No.28/95. We have perused the entire judges papers in LAA No.1379/2000 pertaining to the very same acquisition pursuant to the very same notification for the same purpose. It is seen that in LAR No.28/95 corresponding to LAA No.1379/2000, the Land Acquisition Officer awarded land value at the rate of Rs.7855/- per cent only. This court under the judgment in L.A.A. No.1379/2000 refixed the value of land in that case at LAA.No.1424/2000 2 Rs.12,000/- per cent. Sri.Sathyanatha Menon referred to the revised judgment passed by the Reference Court in LAR No.16/1995 and connected case and submitted that the land value in those cases have been refixed by the Reference Court at Rs.30,000/- and in another case at Rs.42,000/- per cent. The learned counsel requested that the judgment under appeal be set aside and the LAR case be remanded, so as to enable the appellant to adduce fresh evidence and to see that the land value is suitably enhanced on the basis of those two judgments. 3. We are not inclined to accept to the above request of the learned counsel. However, we feel that in view of the judgment in L.A.A. No. 1379/2001 which has obviously attained finality, there is justification for granting proportionate increase over what is awarded to the claimant in L.A.A. No. 1379/2000 to the appellant. Refixing the market value in that way, the correct market value of the acquired property will come to Rs.15,000/- per cent. Accordingly, we refix the value of land under acquisition at Rs.15,000/- per cent. The appeal will stand allowed to the above extent. The appellant will be entitled for all statutory benefits to which he LAA.No.1424/2000 3 becomes eligible by virtue of this refixation. The parties are directed to suffer their costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk LAA.No.1424/2000 4 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1424 OF 2000 ------------------------ Dated this the 14th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. The acquisition was for the purpose of construction of by pass in Manjeri Municipality. The relevant Section 4(1) notification was published on 30/3/1991. The Land Acquisition Officer awarded land value at the rate of Rs.9818/- per cent relying on the basis document. The claimant produced Exts.A1 and A2 and examined witness Aws 1 and 2. The report submitted by the commissioner, who conducted the LAA.No.1424/2000 5 local inspections, were marked as Exts.X1 and X2. On the side of the Government there was a counter evidence of RW1. The court below held and in our opinion also rightly Exts. A1 and A2 could not be relied on. The commissioner recommended value of Rs.23,000/- per cent. Recommendation of the commissioner was not rightly accepted by the court below. Ultimately making guess work on the basis of the oral evidence and the commission report, the court below fixed the market value of the acquired property at Rs.11,000/- per cent. We feel that the learned Sub Judge was a little miserly in the matter of refixing the market value. On a better guess based on whatever evidence is available on record, the market value of the acquired property can be refixed at Rs.11,500/- per cent. 2. Allowing the appeal and in modification of the award of the Reference Court, we refix the value of the land under acquisition at Rs.11,500/- per cent. It is needless to mention that the appellant/claimant will be entitled for all statutory benefits to which he becomes eligible under Section 23 (2), 23 (1A) and Section 28 of the Act by virtue of our refixation of the compensation under this judgment. LAA.No.1424/2000 6 The appeal will stand allowed to the above extent only, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk LAA.No.1424/2000 7 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1424 OF 2000 ------------------------ JUDGMENT 21st October 2009