IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 LA.App..No. 182 of 2011() ------------------------- LAR.162/2003 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANTS: -------------------------------------------- 1. JOHNY, S/O.PAILY, THEVARKKATTU, KAKKAD. 2. BEENA, W/O.JOHNY, THEVARKKATTU, KAKKAD. BY ADVS. 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 LEGAL OFFICER (SECRETARIAT), KOCHI REFINERIES LIMITED, KUNDANNUR, MARADU, P.B.NO.2, PIN 682034. R1 BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA R2 BY ADV. SMT.THUSHARA JAMES THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2011 ALONG WITH LAA NO.202 OF 2011 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.182 of 2011, L.A.A.No.200 of 2011, L.A.A.No.202 of 2011, L.A.A.No.205 of 2011, L.A.A.No.209 of 2011 & L.A.A.No.210 of 2011 ---------------------------------------------------- Dated this the 7th day of April, 2011 Judgment Balakrishnan, J. L.A.A.No.182 of 2011 The claimants are in appeal. Their properties situated in Thiruvaniyoor Village were acquired for the purpose of increasing the refining capacity of Kochi Refineries Limited pursuant to Section 4(1) notification dated 4.11.2000. As regards category No.4, the Land Acquisition Officer fixed the land value of Rs.29,000/- per Are. It was refixed by the reference court at Rs.38,200/- per Are. The learned counsel for the appellants and the learned Government Pleader brought to our notice the judgment of this court in L.A.A.No.248 of 2008 and connected cases in which the value of the land acquired for the same purpose and covered by the same notification was refixed at Rs.42,650/- per Are. Since the issue is covered by the judgment LAA 182/11 etc. 2 mentioned above, we refix the land value in this case at Rs.42,650/- per Are. L.A.A.No.200 of 2011 2. In this case also as regards the land coming under category No.4, we refix the land value at Rs.42,650/- per Are. As regards the land which falls under category No.1 for which the reference court awarded Rs.45,818/- per Are relying on the judgment in L.A.A.No.248 of 2008 and connected cases, we refix the land value at Rs.50,000/- per Are. L.A.A.No.202 of 2011 3. In this case also so far as the land coming under category No.4, the claimants are entitled to get the land value at Rs.42,650/- per Are. It is submitted by the learned counsel for the appellants that there was a building in the acquired land which was valued by the Land Acquisition Officer at Rs.5,76,577/-. No enhancement was given by the reference court. Since the value of the building was assessed based on P.W.D. rate and since following the P.W.D. rate is not pragmatic, we are inclined to grant Rs.1,50,000/- as additional compensation for the building situated in the acquired land. LAA 182/11 etc. 3 L.A.A.205 of 2011 4. Following the same principle adopted in other cases, the land value in respect of the land which is categorised as No.1, we refix the land value at Rs.50,000/- per Are. The building in the acquired land was valued by the Land Acquisition Officer at Rs.7,60,764/-. No enhancement was given by the reference court. Applying the same principle as mentioned in the earlier case, the appellant-claimant is granted Rs.2,20,000/- as additional compensation for the building. L.A.A.No.209 of 2011 5. The land acquired in this case falls under category No.4. Applying the same rate as mentioned in L.A.A.No.182 of 2011, the land value is refixed at Rs.42,650/- per Are. L.A.A.No.210 of 2011 6. The land acquired in this case also falls under category No.4. Applying the same rate as mentioned in L.A.A.No.182 of 2011, the claimants are entitled to get land value at Rs.42,650/- per Are. There was a building situated in the property. The Land Acquisition Officer has valued it at Rs.12,602/-. Applying the same principle followed in L.A.A.No.202 of 2011, we are inclined LAA 182/11 etc. 4 to grant Rs.3700/- as enhanced compensation for the building situated in the acquired property. 7. The appellants-claimants in all these cases are entitled to get all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. But the claimants are not entitled to get interest under Section 28 for the period of delay condoned by us in the respective C.M.Applications. The registry will issue decree copy only on compliance of the conditions imposed by us in the respective C.M.Applications and on payment of full court fee. The Land Acquisition Appeals are disposed of as above. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 182/11 etc. 5 LAA 182/11 etc. 6