IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 LA.App..No. 599 of 2009(D) ------------------------------------------ LAR.172/2004 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ---------------------- K.K.MURALEEDHARAN, THEKKECHAKKANATTU, SHALIMAR, PALLIPURAM. BY ADVS. MR.G.P.SHINOD MR.RAM MOHAN.G. MR.MANU V. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHASILDAR (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, REP.BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER MR.BENNY VARGHESE R2 BY ADV. MR.JOBY CYRIAC, SC, KSIDC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.3025/2009 IN LAA. NO.599/2009 CLOSED 14/12/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... L.A.A.No.599 OF 2009 ............................................. Dated this the 14th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Cherthala in LAR.No.172/2004. An extent of 10.93 Ares of dry land comprised in Sy.No.185/15 of Pallipuram village was acquired for the Industrial Growth Centre. The land acquisition officer had categorised the land as category-III and fixed the land value at the rate of Rs.7,876/= per Are. On reference, the land acquisition court had enhanced the land value to Rs.11,814/= per Are. It has been brought to my notice and it is not a disputed fact that for the lands acquired under the same notification wherein category-III is involved, the land value has been increased from Rs.7,876/= to Rs.17,297/= per Are. So what is the basis for granting Rs.11,814/= per Are in this case is the question that looms large for consideration. The land acquisition court felt that the land though classified as a dry land, it enters into a further classification that the land involved is a barren land and also considered the proximity : 2 : L.A.A.No.599 OF 2009 and other things and arrived at a decision that Rs.17,297/= cannot be granted. The land acquisition officer had acquired the properties under the same notification after visiting the property and thereafter had categorised the lands into category-II and fixed the value per Are. 2. If really the land was inferior to the land which is classified as category-III, necessarily it should have been undergone a further inspection, so that the land value can be fixed for the said category. But the land acquisition officer never felt that the land acquired and other lands acquired are not of the same quality that is why it has been classified as category-III. In such a situation, the land acquisition court’s award has been enhanced by this Court as Rs.17,297/= per Are and that has been taken to the Apex Court and it had attained finality. If it is not followed, it may be only working out injustice to the claimant. The materials clingingly establish that his land also comes under category-III. Further consideration necessary for reducing the compensation may not be of much avail. Therefore, I modify the award passed by the land : 3 : L.A.A.No.599 OF 2009 acquisition court and fix the land value at Rs.17,297/= per Are. The appeal is allowed in part and the land value is fixed at Rs.17,297/= per Are and the claimant will be entitled to the land value with all attendant benefits that is granted. M.N. KRISHNAN, JUDGE cl : 4 : L.A.A.No.599 OF 2009