IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 LA.App..No. 797 of 2009(D) ------------------------------- LAR.18/2004 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT ------------------------------ O.T.ASHOKAN, OKKATTUKUZHIL KAROTT HOUSE, KURIKKAL PARAMBU, IRUMBANAM P.O. BY ADV. SRI.T.A.SHAJI SRI.K.C.PAULOSE RESPONDENT(S): RESPONDENTS -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. CIVIL STATION BUILDINGS, KAKKANAD, KOCHI - 682 030. 2. THE DEPUTY MANAGER (PROJECTS), KOCHI REFINERIES LIMITED, AMBALAMUGHAL. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.797 of 2009 ------------------------------------------------ Dated this the 25th day of May, 2011 JUDGMENT Pius C. Kuriakose, J As directed by us M/s Menon & Pai who are Standing Counsel for Kochi Refineries Ltd. (KRL), the 2nd respondent in this case have taken notice on behalf of the second respondent/ Requisitioning Authority. Even though time was sought on behalf of M/s Menon & Pai for hearing the appeal we are not inclined to grant time as we find that the issue is already covered by a judgment to which KRL is a party. 2. The claimant is the appellant. The property under acquisition was in Thiruvaniyoor village. The acquisition was pursuant to Section 4(1) notification published on 04/11/2000. The land was dry land. The Land Acquisition Officer awarded land value at the rate of Rs.31,900/- per L. A. A. No.797 of 2009 -2- Are. The Reference Court on evaluating the evidence would re-fix the land value at Rs.42,000/- per Are. There was a building on the property under acquisition for which the Land Acquisition Officer awarded a compensation of Rs.1,90,541/-. Though there was a claim for enhanced compensation for the building, the court below did not award any enhancement. 3. In this appeal enhancement of land value is claimed at Rs.50,000/- per Are and enhanced compensation for the building is claimed at Rs.1 lakh. We notice the judgment of this Court in LAA.248/08 which was in respect of acquisition of identical land for the same purpose pursuant to same notification. Under that judgment market value of the land has been re-fixed at Rs.47,000/-. That judgment has obviously become final. Relying on that judgment, we re-fix the land value at Rs.47,000/- per Are. 4. Now we come to the claim for additional L. A. A. No.797 of 2009 -3- compensation for the building. We do notice that no tangible evidence is adduced to support this claim. At the same time, it is a matter of common knowledge that the Land Acquisition Authority valued the building for the purpose of acquisition on the basis of PWD's published schedule of rates. Construction of building in accordance with PWD's published schedule of rates is not a pragmatic proposition. Keeping that in mind, we award to the appellant a further amount of Rs.58,000/- as additional compensation for the building. 5. The appeal is allowed to the above extent only. The appellant will be entitled for all statutory benefits on the total re-fixed compensation. However, while calculating interest under Section 28 the conditions in our order dated 22/07/09 in C.M. Application No.1011/09 will rule. This will be taken note of by the Section while drafting the decree. It will also be ensured before issuing decree copy that the L. A. A. No.797 of 2009 -4- condition in that order regarding payment of cost has been complied with and that the full court fee payable on the appeal memorandum has been remitted. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-