IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 LA.App..No. 974 of 2002() ------------------------- LAR.26/1999 of PRL.SUB COURT,THRISSUR .................... APPELLANT(S): 2ND RESPONDENT IN LAR. 26/99 ------------------------------------------ THE SECRETARY, THRISSUR CORPORATION,THRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT IN LAR. 26/99 ------------------------------------------------------- 1. P.J.JOSHY, LEGAL HEIRS OF LATE ACHAMMA JOSEPH, PAYYAPPILLY HOUSE, CHELAKKATTUKARA, THRISSUR. 2. P.J.JOLLY, D/O. LATE ACHAMMA, PAKYYAPPILLY HOUSE, CHELAKKATTUKARA, THRISSUR. 3. BABY P.J., D/O. LATE ACHAMMA JOSEPH, PAYYAPPILLY HOUSE, CHELAKKATTUKARA, THRISSUR. 4. LILLY P.J., D/O. LATE ACHAMMA JOSEPH, PAYYAPPILLY HOUSE, CHELAKKATTUKARA, THRISSUR. 5. MARIKUTTY P.J., D/O. LATE ACHAMMA JOSEPH PAYYAPPILLY HOUSE, CHELAKKATTUKARA, THRISSUR. 6. LEENA P.J., D/O. LATE ACHAMMA JOSEPH, PAYYAPPILLY HOUSE, CHELAKKATTUKARA, THRISSUR. 7. THE SPECIAL TAHSILDAR (LA), THRISSUR CORPORATION, THRISSUR. ADV. SRI.N.P.SAMUEL FOR R1 SRI.V.R.DHEERAJ FOR R4 SR. GOVERNMENT PLEADERSRI.P.K.BABU FOR R7 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 974 of 2002 ----------------------------------------------- Dated this the 30th day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. This is an appeal by the requisitioning authority. The acquisition was pursuant to a Section 4(1) notification published 1-5-1990. Purpose of the acquisition was widening of Pattalam Road. The Land Acquisition Officer awarded land value at the rate of Rs.76,750/- per Are. Reference Court under the impugned judgment would re-fix the same at Rs.1 lakh per cent corresponding to Rs.2,41,100/- per Are. It is the above re-fixation of land value which is challenged in this appeal filed by the requisitioning authority. 2. We have heard the submissions of Mr.Lallulal representing the standing counsel for the appellant requisitioning authority. We have heard the submissions of Mr.Gopalakrishnan P.K., counsel for the claimant. We have LAA. N0. 974/02 -2- heard the submissions of Mr.P.K.Babu, senior Govt. Pleader. Our attention was drawn by Mr.Lallulal to the judgment of this Court in LAA. 524 of 2006 and connected land acquisition appeals. It was submitted that in that case which was in respect of acquisition pursuant to notification under section 4(1) published on 13-5-1996 this court had fixed the value of land in Thrissur Municipal Town situated near to the Swaraj Round at Rs.1,97,600/- per cent. Learned counsel submitted that it has been found in that judgment that the value of land situated on the Post Office Road will be far less and that the value of land on Pattalam Road cannot be more than 50% of the value of land on Post Office Road. The above submissions were resisted by Mr.Gopalakrishnan very forcefully. Learned counsel submitted that the property was situated only 250 metres away from the Shakthan Thampuram Market and therefore the rate of Rs.1 lakh per cent fixed under the impugned LAA. N0. 974/02 -3- judgment is quite reasonable. Mr. P.K. Babu, learned senior Govt. Pleader would support the submissions of Mr. Lallulal. 3. We have very anxiously considered the submissions. We have gone through the judgment of this court in LAA. No. 524 of 2006 and connected cases. Having regard to the findings entered therein, we are of the view that fixation of market value of the land under acquisition in this case at Rs.1 lakh per cent in 1-5-1990 is excessive. On a better assessment of the market value based on the evidence on record and the judgment of this court in LAA. No. 524 of 2006, the market value will have to be re-fixed at Rs.80,000/- per cent. Accordingly in modification of the judgment under appeal we are inclined to re-fix the land value of the property under acquisition at Rs.80,000/- per cent corresponding to Rs.1,97,600/- per Are. This appeal stands allowed to the above extent only, but without any order as to costs. It is needless to mention LAA. N0. 974/02 -4- that on the total enhanced compensation to which the claimant respondent becomes entitled by virtue of this judgment will be entitled to all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/- LAA. N0. 974/02 -5- PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. LAA. No. 974 of 2002 JUDGMENT 30th September, 2009