IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 1358 of 2008(D) --------------------------- LAR.153/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENTS: -------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, L.A.(NH), KESAVADASAPURAM. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. G.RAVEENDRAN, SUSEELA MANDIRAM, KAZHAKKULAM, KOVALAM. 2. R.MANIKANDAN, SUSEELA MANDIRAM, KAZHAKKULAM, KOVALAM. 3. R.MOHANKUMAR, SUSEELA MANDIRAM, KAZHAKKULAM, KOVALAM. 4. R.GOPAKUMAR, SUSEELA MANDIRAM, KAZHAKULAM, KOVALAM. 5. S.MINI, SUSEELA MANDIRAM, KAZHAKKULAM, KOVALAM. ADV. SRI.D.SAJEEV FOR R1 TO 4 SMT.LIGEY ANTONY FOR R1 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No. 1358 OF 2008 ------------------------ Dated this the 23rd day of June, 2009 JUDGMENT Pius C.Kuriakose, J. Heard the learned Government Pleader for the appellants and Sri.D.Sajeev, learned counsel for the claimants/respondents. 2. This appeal by the Government pertains to acquisition of land in Venganoor Village pursuant to Section 4(1) notification published on 25/3/2002. The land acquisition officer included the acquired property in category B and awarded land value at the rate of Rs.52237/- per Are. The evidence before the reference court, on the side of the claimants, consisted of Ext.A1 judgment, Ext.A2 sale deed, Ext.C1 commission report and oral testimony of AW1 and on the side of the respondent the same consisted of Exts.R1 to R3. The commissioner was examined as CW1. The court below, on an evaluation of the evidence found that, the acquired property was eligible to be included in category A for which the land acquisition officer granted L.A.A..No.1358/2008 2 Rs.75467- per Are. 3. It is fairly conceded by the learned Government Pleader that for the properties included by the land acquisition officer in category A, the reference court has granted enhancement and refixed land value at Rs.1,50,000/- and such refixation has been approved by this court in other cases. According to the Government Pleader, the court below was not justified in including the acquired property in category A because one of the essential pre requisites for inclusion of property in category A is that the property should be close to the Kovalam Junction, but this property was situated away from Kovalam Junction. Sri.Sajeev, learned counsel for the claimants would justify the impugned judgment on the various reasons stated therein. 4. We have anxiously considered the submissions addressed at the Bar. We have gone through the commissioner's report, notes to award and the oral evidence adduced in the case including that of the commissioner-CW1. On our re evaluation of the evidence, it appears to us that the court below was not justified in including the acquired property in category A. L.A.A..No.1358/2008 3 However, evidence will certainly show that this property was superior to the properties in category B. It should be noticed that there was no objection filed to the commission report by the Government and no counter oral evidence was adduced on the side of the Government. The commission report will reveal that though the acquired property was having atleast some of the qualifications for eligibility for inclusion in category A, that property was not situated near to Kovalam Junction. We are of the view that, considering the superiority of the acquired property over the properties in category B, the market value of the acquired property should be fixed at Rs.1,25,000/- per Are. We, therefore, allow this appeal to that extent, set aside the impugned judgment and refix the market value of the acquired property at Rs.1,25,000/- pr Are. 5. It is needless to mention that the respondents claimants will be eligible for all statutory benefits admissible under Section 23(2), 23(!A) and Section 28 of the Land acquisition Act for the total enhanced compensation which becomes eligible to them by virtue of our refixation under this judgment. L.A.A..No.1358/2008 4 The appeal is allowed to the above extent, but in the circumstances, parties will suffer their respective costs. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk