IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 LA.App..No. 703 of 2009() ------------------------- LAR.19/1993 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/CLAIMANTS: -------------- 1. MATHEW JOSHWA, KARAYORAM HOUSE, PUTHANANGADI, KOTTAYAM-1. 2. KURIAN JOSHWA, KARAYORAM HOUSE, PUTHANANGADI, KOTTAYAM-1. 3. SHEELA UTHUP, KARAYORAM HOUSE, PUTHANANGADI, KOTTAYAM-1. 4. LALA KURIAN UTHUP, KARAYORAM HOUSE, PUTHANANGADI, KOTTAYAM-1. 5. ABRAHAM JOSHWA, KARAYORAM HOUSE, PUTHANANGADI, KOTTAYAM-1. BY ADV. MR. SABU GEORGE RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY SPL. THASILDAR (LA), GENERAL, ERNAKULAM. 2. G.C.D.A. REP. BY ITS SECRETARY, ERNAKULAM. SENIOR GOVT.PLEADER MS.LATHA T.THANKAPPAN ADV. MR. S.B.PREMACHANDRA PRABHU FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.703 of 2009 ---------------------------------- Dated this the 23rd day of February, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Claimant is in appeal. Their land in Elamkulam village was acquired pursuant to Section 4(1) notification published on 28.9.1976 for the purpose of Elamkulam route scheme of GCDA. Land Acquisition Officer awarded land value at the rate of Rs.3,616/- per Are. Before the reference court, the appellant produced Ext.A1 to A8 and got Ext.C1 report filed by the Advocate Commissioner. Under Ext.C1 the commissioner would compare the property covered by Ext.A5 and property under acquisition and report that the property under acquisition was superior. Learned Subordinate Judge did not become inclined to rely on any of the documents of sale produced, on the reason that they were post notification. 2. Having gone through the impugned judgment and having considered the rival submissions by Mr.Sabu George, learned counsel for appellant and Mr. S.B.Premachandra Prabhu, learned requisitioning authority for GCDA and L.A.A.703/09 2 Smt.Latha T. Thankappan, learned Government Pleader we feel that the learned Subordinate Judge was a little miserly when it came to fixing the market value of land under acquisition. Keeping in mind the entirety of evidence in the case at hand, we refix the market value of land under acquisition at Rs.8,200/- per Are. The appeal stands allowed to the above extent. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. It is submitted that the acquisition was made invoking the emergency provision and a sum of Rs.1,00,000/- and certain amounts were given in advance to the appellants by the Land Acquisition Officer. It is needless to mention that the appropriation of the amounts paid by the awarding officer earlier will be on the basis of guidelines laid down by the Hon'ble Supreme Court in Gurpreet Singh v. Union of India ((2006) 8 SCC 457). The appeal is allowed as above but without any order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb