IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 LA.App..No. 670 of 2004() ------------------------- LAR.115/2002 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANT: ------------------------ M.J.MATHEW MUKKANDIRATHIL, THIRUVANCHOOR, REPRESENTED BY POWER OF ATTORNEY HOLDER, SRI.V.M.GEORGE, VALIYAMATTATHIL HOUSE, THIRUVANCHOOR. ADV. SRI.PHILIP T.VARGHESE FOR R1 SMT.A.SREEKALA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.670 OF 2004 ------------------------ Dated this the 15th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal and we have heard the submissions of the learned counsel for the claimant and the learned Government Pleader. The property under acquisition was in Manarcadu village. The relevant Section 4(1) notification was published on 12/2/1999. The only evidence on the side of the claimant was the oral evidence of AW1, who was the father in law of the claimant. What the court below has done is to make guess work on the basis of the oral evidence and award 50% increase. We are of the view that it is not a good guess which has been made by the learned Sub Judge. On making a better guess, the appellant will not be entitled for more than Rs. 20,000/- per Are by way of enhanced compensation. Thus, in modification of the impugned judgment and decree, we award to the claimant an amount of Rs.20,000/- per Are over and above what was awarded to him by the Land Acquisition Officer. The parties will suffer their respective costs in the appeal. LAA.No.670/2004 2 It is made clear that the claimant will be entitled for all statutory benefits to which he becomes eligible by virtue of re fixation done by us in this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk