IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 LA.App..No. 713 of 2010 (C) -------------------------------- LAR.68/2007 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT(S): CLAIMANT ----------------------------- URSALA,D/O.ALLESU,THAIKKODATHIL, KOTHADU,MULAVUKADU VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.SHUBHA ABRAHAM SMT.AFSANA ASHRAF SMT.N.ASWATHY SMT.SUNANDA SUKUMARAN RESPONDENT(S): RESPONDENT ----------------------------------- STATE OF KERALA,REPRESENTED BY THE SPECIAL TAHSILDAR(LA),NH.NO.3,VYTTILA, ERNAKULAM-682019. GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.713 of 2010 ------------------------------------------------ Dated this the 16th day of July, 2010 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the claimant. The case pertains to acquisition of land in Kottuvally village in Paravur taluk for the purpose of widening of National Highway from Varapuzha to Cheriappilly. The relevant Section 4(1) notification was published on 23/08/04. The land was garden land. The Land Acquisition Officer awarded land value at the rate of Rs.35,442/- per cent. The Reference Court on appreciating the evidence adduced by the parties in a batch of five cases tried jointly consisting of Exts.A1 to A5, R1 to R5 L. A. A. No.713 of 2010 -2- and C1 to X4 and oral evidence of AWs.1 and 2 would re-fix the market value at Rs.58,478/- per cent. 2. In this appeal it is urged that the market value re-determined by the court is grossly inadequate. Sri.Philip T. Varghese, the learned counsel for the appellant addressed arguments based on the grounds raised in the memorandum of appeal. We have heard Smt.P.N.Sumangala, the learned Government Pleader also. We have scanned the impugned judgment. While we feel that the appreciation of evidence by the learned Subordinate Judge was more or less proper, we are of the view that when it came to the ultimate job of fixing the market value, the learned Subordinate Judge was somewhat miserly. On a L. A. A. No.713 of 2010 -3- better assessment based on the very same evidence, we are of the view that the market value of the lands can be re-fixed at Rs.66,500/-. Hence, allowing this appeal we re-fix the market value at Rs.66,500/-. The claimant 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 basis of the above re- fixation. Parties are however, directed to suffer their respective costs in the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- Judgment in L.A.A.713/10 dt.16/07/10 is suo motu recalled vide order dated 21/07/2010. Sd/-Registrar (Judicial)