IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 LA.App..No. 690 of 2006() ------------------------------------ LAR. NO.174/2002 OF ADDL. SUB COURT, THALASSERY. .......... APPELLANT(S): CLAIMANTS: ----------------------------------- 1. K.J. ELIYAMMA (LATE). 2. K.J. USHA, D/O.UNNIKRISHNAN, KURUTHIKKALAM, VARAYAL P.O., THALAPUZHA, MANANTHAVADY, WYANAD DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER K.J. SHAN. 3. K.J. BEENA, D/O.UNNIKRISHNAN, KURUTHIKKALAM, VARAYAL P.O., THALAPUZHA, MANANTHAVADY, WYNAD DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER K.J. SHAN. 4. K.J. SHAN, D/O.UNNIKRISHNAN, KURUTHIKKALAM, VARAYAL P.O., THALAPUZHA, MANANTHAVADY, WYANAD DISTRICT. BY ADV. SRI.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. SPECIAL TAHSILDAR (LA) THALASSERY. 2. CHIEF CONSERVATOR OF FORESTS (WL) THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.K.B.RAMANAND THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2010, ALONG WITH LAA. NOS.716 OF 2006, 314 OF 2007 & 906 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- L.A.A.Nos.690 & 716 OF 2006 AND 314 & 906 OF 2007 ------------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.These Land Acquisition Appeals arise from three Land Acquisition References which were jointly tried and disposed of by the court below. 2.LAA.716/06 is a claimant's appeal arising from LAR.168/02. That acquisition was on the basis of a notification issued on 25.10.2000 under Section 4(1) of the Land Acquisition Act. 3.LAA.690/06 is a claimant's appeal arising from LAR.174/02, which is related to an acquisition on the basis of a notification under Section 4(1) issued on 11.11.1999. LAA.690/06 & con. cases 2 4.LAA.314/07 is by the claimant and LAA.906/07 is by the State, both arising from LAR.169/02 which related to an acquisition based on a Section 4(1) notification dated 11.11.1999. 5.In all the aforesaid cases, possession was taken on 12.10.2001. The lands also lie contiguous, near the forest area. The purpose of acquisition was to provide Elephant Corridor between Manandavady and Tellichery. 6.The only issue that arises for decision is as to whether the trial court was justified in relying on Ext.A2, which reflected a land value of Rs.1,000/- per cent or whether it ought to have granted land value at the rate of Rs.1,500/- per cent, as claimed by the claimants. We may note that the State has not filed any appeal against the awards in LAR.Nos.168 and 174 of 2002. The only appeal of the State is against the award in LAR.169/02. LAA.690/06 & con. cases 3 7. The date of Section 4(1) notification is 11.11.1999. That is the relevant date since possession was taken after the award was passed. Ext.A2 is dated 2.4.1996. It reflects land value of Rs.1,000/- per cent. The extent of land covered by that document is 30 cents. Ext.X1 is the Commissioner's report dated 26.9.2003 which states that the land value would be around Rs.1,000/- to Rs.1,250/- per cent. Even if we consider that Ext.A2 was more than 3 ½ years before the date of Section 4(1) notification, we would be justified only in taking the view that the claimants were entitled to land value fixed at Rs.1,250/- per cent and not more. We find considerable support for this approach because of the time lag between Ext.A2 and the date of notification and it would be only reasonable to fix the land value at Rs.1,250/- per cent. In the result, (i) LAA.906/07 filed by the State against the award in LAR.169/02 is dismissed. LAA.690/06 & con. cases 4 (ii) LAA.Nos.690/06, 716/06 and 314/07 are allowed in part modifying the awards passed in LAR.Nos.168, 169 and 174 of 2002 of the Sub Court Tellichery by enhancing the land value to be at Rs.1,250/- per cent instead of Rs.1,000/-, with all attendant statutory benefits. The appellants in those appeals will be entitled to proportionate costs of those appeals. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.2/12.