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 17TH MARCH 2011 / 26TH PHALGUNA 1932 LA.App..No. 1099 of 2010(D) -------------------------------- LAR.305/2004 of SUB COURT, CHERTHALA .................... APPELLANT(S): APPELLANT/A CLAIMANT IN LAR. ------------------------------------------------------ CHANDRASEKHARAN NAMBOOTHIRI, VALLYAZHATH, PALLIPPURAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN SRI.UNNI RAJAN SRI.V.S.BHASKARAN RESPONDENT(S): RESPONDENT/RESPONDENTS IN LAR/B CLAIMANT. ----------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA, PIN-688 552. 2. THE MANAGING DIRECTOR, K.S.I.D.C., THIRUVANANTHAPURAM,PIN -695 001. 3. STATE OF KERALA, IT INFRASTRUCTURE LIMITED, INFOPARK, KAKKANAD, KOCHI REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, SIDHARTHA BHATTACHAYRA, PIN-682 030. 4. PURUSHAN, S/O.KUNJAN, KARIKKOTTU, PALLIPPURAM VILLAGE, (B CLAIMANT IN LAR), PIN-688 541. ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1099 of 2010 ------------------------------------------------ Dated this the 17th day of March, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His land in Pallippuram village was acquired pursuant to Section 4(1) notification published on 08/08/97 for the purpose of IGC at Pallippuram. 20.98 Ares of land was treated as dry land and 18.68 Ares was treated as “Vellakkuzhi” or Waterlogged area. For the dry lands the appellant was awarded value at the rate of Rs.7876/- per Are. For the so called “Vellakkuzhi” he was awarded value at the rate of Rs.494/- per Are. The Reference Court under the impugned judgment would re-fix the land value at Rs.17,297/- per Are. Thus, awarded to the appellant enhanced land value of Rs.9,421/- per Are for 20.98 Ares of dry land. A reading of the judgment gives L. A. A. No.1099 of 2010 -2- room for some confusion as to what is the total market value re-fixed by the court for dry lands. We clarify that the total market value re-fixed for the dry lands is Rs.17,297/- and that the enhancement to which the appellant becomes eligible over and above what is awarded by the Land Acquisition Officer is Rs.9,421 per Are. We come to the enhancement to be granted for the portion described as “Vellakkuzhi”. 2. Sri.N.Radhakrishnan argued that the categorisation of the above portion as waterlogged area was not justified. The level difference between the dry lands and this area was only 75 cms. This could have been easily reclaimed. According to Sri.Radhakrishnan the best procedure to be adopted for determining the market value was to deduct reclamation charges from the value of corresponding dry lands. We are not inclined to accept the argument of Sri.Radhakrishnan regarding the water logged area. L. A. A. No.1099 of 2010 -3- However, relying on our own judgment in LAA.2069/08, we allow the appeal to the extent of re-fixing the market value of the area described as waterlogged area at Rs.750/- per Are. Enhancement will be calculated on that basis. 3. The appeal is allowed to the above extent only. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1099 of 2010 -4-