IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 LA.App..No. 327 of 2000() ------------------------- LAR.171/1995 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT/CLAIMANT): -------------- THRESSIAMMA W/O KURIAKOSE, CHINGAMPARAMBIL CHERUPARAMBATH CROSS LANE, KOCHI - 20 ADDL. APPELLANTS: 2.C.T.KURIAKOSE, AGED 77, CHINGAM, CHERUPARAMBATH 1ST CROSS LANE, KADAVANTHRA, KOCHI-20 3. THOMAS T.KURIAKOSE, AGED 46, STORE PURCHASE OFFICER, CENTRAL DRUG RESEARCH INSTITUTE P.B. NO. 173 M.G.ROAD, CHITTAR MANZIL, PALACE, LUCKNOW - 226 001 U.P. 4. ANITHA JOHNSON D/O KURIAKOSE, DIATICIAN LISSIE HOSPITAL, ERNAKULAM. 5. JOSEPH KURIAKOSE S/O KURIAKOSE, CRUZ CONSULTANTS CHINGAM K.P.VALLOON ROAD, KADAVANTHRA PO KOCHI-20 6. MATHEW KURIAKOSE, AGED 40, S/O KURIAKOSE, 56/3, BALAJI NAGAR PUNE 411 014. 7. JOHN KURIAKOSE, AGED 38, S/O KURIAKOSE, F-801, LUNKAD SKY LOUNGE, KALYANINAGAR, PUNE 411 006 8. BOBBY KURIAKOSE, CHINGAM, CHERUPARAMBATH 1ST CROSS LANE KOCHI -20. ADDL. APPELLANTS 2 TO 8 ARE IMPLEADED AS PER ORDER ON IA.3947/07 DATED 21-7-2010 BY ADV. SRI.PETER ISAAC RESPONDENT(S)/RESPONDENTS: --------------- 1. KERALA STATE REP. BY IT CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COCHIN REFINERIES LTD. AMBALAMUGHAL REPRESENTED BY COMPANY SECRETARY. R2. BY ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE R1 BY GOVT. PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 327 of 2000 ----------------------------------------------- Dated this the 21st day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. Claimants are in appeal. The property was in Puthencruz Village. The acquisition was pursuant to Section 4(1) notification published on 1-1-1994 for the purpose of the second respondent Cochin Refineries. The property was included in category - I and the LA Officer awarded land value at the rate of Rs.19,440/- per Are. Before the Reference Court the claimants relied mainly on A3 post notification document and X-1 post notification award. The learned Sub Judge did not place complete reliance on A3 or X-1. However, relying on A3 document to a certain extent and appreciating the oral evidence of AWs. 1 to 3 the court below would re-fix the market value at Rs.27,880/- per Are, thus granting an enhancement of 8,444/- per Are. 2. In this appeal several grounds have been raised LAA. 327/2000 -2- contending that the enhancement granted is grossly inadequate. Sri.Peter Issac, learned counsel for the appellant addressed strenuous arguments based on the grounds raised. All his submissions were resisted by Smt.Thushara James, learned counsel for the requisitioning authority. Smt. Thushara James was supported in her submissions by Smt. Latha T.Thankappan, learned senior Govt. Pleader. Having anxiously considered the submissions addressed at the Bar and having scanned the impugned judgment we feel that the court below was certainly justified in not placing complete reliance on A3 post notification document and X-1 post notification judgment. However, we are of the view that the learned Subordinate Judge was a little miserly when it came to re-fixing the market value . On a better assessment of the evidence we are of the view that the market value of the property can be re-fixed at Rs.29,160/- per Are. This means that the appellant will be LAA. 327/2000 -3- entitled for a total enhancement of 50% over what was awarded by the L.A. Officer. Appeal is allowed to that extent only. Appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their costs. Post as to be spoken to on Tuesday. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/- LAA. 327/2000 -4- PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. LAA. No. 327 of 2000 JUDGMENT 21st July 2010