IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 LA.App..No. 1348 of 2010() --------------------------------- LAR.101/2006 of SUB COURT,KOTTARAKKARA .................... APPELLANT(S): ADDL.CLAIMANTS B,C & D ------------------------------------------------- 1. AMMINI ALEX ,SAJI BHAVAN, IRUMBANANGADU MURI,EZHUKONE VILLAGE, KOTTARAKKARA TALUK. 2. SAJI P.ALEX, SAJI BHAVAN, IRUMBANANGADU MURI,EZHUKONE VILLAGE, KOTTARAKKARA TALUK. 3. ANNIE.P.ALEX,SAJI BHAVAN, IRUMBANANGADU MURI,EZHUKONE VILLAGE, KOTTARAKKARA TALUK. (APPELLANTS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, G. BOBAN, AGED 44 YEARS, S/O. GEEVARGHESE, VAZHAVILAKADAYIL PUTHENVEDU, NEERAICODU, AYOOR MURI, EDAMULACKAL VILLAGE, PATHANAPURAM TALUK.) BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.V.SUNIL KUMAR (PANACHAMOODU) RESPONDENT(S): RESPONDENT ------------------------------------- STATE OF KERALA ,REP.BY THE ADDITIONAL GOVERNMENT PLEADER,KOTTARAKKARA. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs. PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 1348 OF 2010 = = = = = = = = = = = = = = = = Dated this the 30th day of March, 2011. J U D G M E N T Pius C. Kuriakose, J. The claimant is in appeal. His land with a double storied building extending to 20 sq.mtr. situated in Ayoor junction of M.C. Road was acquired for the purpose of upgradation of M.C. Road under the K.S.T.P. Scheme. The Land Acquisition Officer fixed the land value at the rate of Rs.88,235/- per Are. For the building, the Land Acquisition Officer awarded a total compensation of Rs.99,735/-. 2. Before the Reference Court the appellant produced Exts.A1 to A3 and would claim land value at the rate of Rs.4 lakhs per cent. The Court below however did not place any L.A.A. NO. 1348 OF 2010 -:2:- reliance on Exts.A1 to A3 and would confirm the land value awarded by the Land Acquisition Officer. In the same way the Court below did not award any compensation for value of the building. According to the Court below there was no evidence which would justify awarding more compensation for the building. 3. In this appeal preferred by the claimant grounds are raised challenging what is described as inadequacy of land value fixed by the Court below. Importantly there is no claim in this appeal for enhancement of the compensation awarded towards building value. Sri.A.R.Dileep, learned counsel for the appellant would argue on the basis of the various grounds. He submitted that Exts.A2 and A3 would have been relied upon and the market value could have been refixed at Rs.4 lakh per L.A.A. NO. 1348 OF 2010 -:3:- cent. He pointed out that the property was situated on Ayoor junction itself and Ext.A3 will show that in 2008 the market value is Rs.10 lakhs per cent. All the submissions of Sri.Dileep were very strongly opposed by Smt.T.T.Josephine, learned Government Pleader. We have anxiously considered the rival contentions of either side. We are not at all inclined to look at Ext.A3 which is a post notification document. But we feel that Ext.A2 is a relevant document. Having regard to the importance of the locality and the market value as discernible from the evidence available on record we refix the market value of the land at Rs.3 lakhs per cent. We allow the appeal to the extent of refixing the market value of the property under acquisition at Rs.3 lakhs per cent. The enhanced compensation will be L.A.A. NO. 1348 OF 2010 -:4:- calculated on that basis. The appellant will be entitled to all statutory benefits which are provided under Sections 23(2), 23(1A) and S.28 of Land Acquisition Act. The appellant will be also entitled to proportionate costs. PIUS C. KURIAKOSE,JUDGE. N.K. BALAKRISHNAN,JUDGE. ul/-