IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH SEPTEMBER 2007 / 22ND BHADRA 1929 LA. App. No. 256 of 2002(D) --------------------------------- LAR.68/1998 of SUB COURT, MUVATTUPUZHA ............................................ APPELLANT/CLAIMANT: --------------------------- ZACHARIA J NAKKARA, S/O. ULAHANNAN, NAKKARA HOUSE, KAKKOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SMT. SANTHAMMA ISSAC SRI. N.C. THOMAS SRI. CHERIAN THOMAS RESPONDENT/RESPONDENT: --------------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI - 682 030. BY GOVERNMENT PLEADER SRI. K.V. MANOJ. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/09/2007 ALONG WITH L.A.A. NO. 259/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. NOs. 256 & 259 OF 2002 ----------------------------------------- Dated this the 13th day of September, 2007. J U D G M E N T Kurian Joseph, J. These are appeals filed against the judgment and decree in L.A.R. No. 68/1998 and L.A.R. No. 89/1998 respectively on the file of Sub Court, Muvattupuzha. Acquisition is for the purpose of Muvattupuzha Valley Irrigation Project. 2. In the acquisition covered by common judgment in L.A.R. Nos. 65/1998 and 93/1998 this Court has fixed the land value at the rate of Rs. 11,700/- per Are. Learned Government Pleader points out that those were cases where the property had direct road access and hence the fixation. But, it has to be seen that in those cases the land value fixed by the Land Acquisition Officer was at the rate of Rs. 4,815/- per Are which was enhanced to Rs. 8,815/- per Are by the reference court and still further to Rs. 11,700/- per Are by this Court. In these cases, the property does not have road access and hence the Land Acquisition Officer fixed the land value at the rate of Rs. 3,812/- per Are which was enhanced to Rs. 7,512/- per Are by the L.A.A. 256 & 259/02 2 reference court. So by adopting differential value, it can be seen that claimants should be entitled to Rs. 10,400/- per Are. The appellants have limited the claim to Rs. 10,000/- per Are. Therefore, the judgment and decree in both cases are modified holding that the appellants will be entitled to land value at the rate of Rs. 10,000/- per Are along with statutory benefits. The appeals are allowed as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 256 & 259/02 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. NO. 256 & 259 OF 2002 J U D G M E N T 13.09.2007