IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 LA.App..No.934 of 2009 (C) ------------------------------- LAR.119/2003 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT ----------------------------- THOMAS,S/O.PAILY, MUNDOKUZHY HOUSE,PUTHUMANNOOR KARA, VARIKOLY P.O. BY ADV. SRI.T.A.SHAJI SRI.K.C.PAULOSE RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR,ERNAKULAM, CIVIL STATION BUILDINGS,KAKKANAD,KOCHI-682 030. 2. THE LEGAL OFFICER (SECRETARIAL), KOCHI REFINERIES LIMITED, KUNDANNOOR,MARADU P.O. BY ADV. SRI.A.M.SHAFFIQUE,SC SRI. E.K.NANDAKUMAR SR. GOVT. PLEADER SRI.BASANT BALAJI SMT.THUSHARA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.934 of 2009 ------------------------------------------------ Dated this the 14th day of September, 2009 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal being not satisfied by the award of the Land Acquisition Reference Court. The acquisition was for the purpose of Kochi Refineries Ltd. pursuant to Section 4(1) notification published on 04/11/2000. The property was situated in Thiruvaniyoor village. The Land Acquisition Officer awarded land value at the rate of Rs.34,800/- per Are. Ext.A1 was the only tangible item of evidence produced by the appellant in support of the claim for enhancement in land value. Ext.A1 was relied on and proportionate increase was given. Thus, the land value L. A. A. No.934 of 2009 -2- was re-fixed at Rs.45,818/- per Are. For the structures, the appellant was awarded a total amount of Rs.1,30,807/- by the Land Acquisition Officer. A commissioner's report was relied on. The court below was not very much impressed by the Commissioner's Report or by the oral evidence adduced by the appellant. Thus, no enhancement was granted towards value of structures. 2. We have heard submissions of T.A.Shaji, the learned counsel for the appellant, Smt.Thushara James for the Requisitioning Authority/Kochi Refineries Ltd. and Sri.Basant Balaji, the learned Senior Government Pleader. Sri.Shaji would argue that the court below should have awarded land value at Rs.55,000/- per Are. We cannot accept the above argument. Ext.A1, as already indicated, was the only L. A. A. No.934 of 2009 -3- item of tangible evidence. Ext.A1 was relied on and the maximum value which could have been granted based on Ext.A1 is granted. 3. But we find that there is an element of genuineness in the grievance voiced by the appellant regarding the compensation awarded for the structures. May be, the Advocate Commissioners Report was not convincing. Even then, it is well known that construction of buildings in accordance with PWD schedule of rates is not a pragmatic proposition. We feel that there is justification for granting at least 20% increase on the building value taking into account the ground realities. Accordingly, in modification of the award of the Reference Court, we award a further amount of Rs.26,160/- towards value of structures. L. A. A. No.934 of 2009 -4- 4. The appeal will stand allowed to the above extent only. It is needless to mention that for the total enhanced compensation to which the appellant becomes eligible by virtue of this judgment he will be entitled for statutory benefits admissible under law. Parties are directed to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-