IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 LA.App..No. 500 of 2011() ------------------------- LAR.101/1999 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- CHANDRABHANU,S/O.NANU,MONGATH VEEDU, (VETTIKATTIL BUNGLOW),KUREEPUZHA,THRIKKADAVOOR VILLAGE,KOLLAM. BY ADV. SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S):RESPONDENTS -------------------- 1. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,COLLECTORATE,KOLLAM-691013. 2. SPECIAL TAHSILDAR(LAND ACQUISITION), NATIONAL HIGHWAY,KOLLAM. GOVERNMENT PLEADER SMT.ROSE MICHEAL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 500 OF 2011 ------------------------ Dated this the 18th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.Rose Micheal learned Government Pleader has taken notice on behalf of the respondent and we have heard the submissions of Sri.B.Mohan Lal learned counsel for the appellant and the learned Government Pleader. 2. This appeal pertains to acquisition of land and building in Thrikkadavoor village for the purpose of Bye - pass of N.H.47. The acquisition was pursuant to Section 4(1) notification published on 26/2/1996. The Land Acquisition Officer awarded land value at the rate of Rs.19,839/- per Are. The Reference Court on evaluating the evidence would refix the land value at Rs.31742/- per Are. For the building, which existed on the property, the LAO had awarded Rs.39677/-. The court below did not award any further enhancement towards the building value. Various grounds are raised in this appeal urging that the rate refixed by the court below is quite inadequate. L.A.A..No.500/2011 2 3. Having considered the submissions addressed at the Bar, we are of the view that the issue raised in this appeal regarding the land value is covered in favour of the appellant to a great extent by the judgment of this court in L.A.A. No.919/2009. Under that judgment, this court has refixed the value of identical lands at Rs.37050/- per Are. We refix the value of the land under acquisition at Rs.37050/- per Are, which means that for every Are of land acquired in this case, the appellant will be entitled for additional compensation of Rs.5308/- over what is awarded by the Reference Court. 4. We shall now deal with the appellant's claim for enhanced compensation for the building which existed on the property. We find that no acceptable evidence was adduced by the appellant in support of his claim for enhanced compensation for the building. However, we keep in mind the principle that construction of buildings as per the PWD schedule of rates is not a pragmatic proposition and award to the appellant a further amount of Rs.14,000/- as additional value for the building which existed on the property. The appeal is allowed to the above extent. The appellant L.A.A..No.500/2011 3 will be entitled for statutory benefits under Section 23 (2), 23 (1A) and Section 28 of the L.A.Act on the total refixed compensation. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by us in our order in C.M.Appln. 1134/2011. It should be ensured that the other conditions in that order have been complied with and that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk