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 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 LA.App..No. 839 of 2010(D) ------------------------------- LAR.52/2003 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDNET NO.1 IN LAR ------------------------------------------------ STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR, LA,KOZHIKODE. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): RESPONDENT 2 IN LAR ----------------------------------------------- 1. P.MOHANAN,S/O.UNNEERI,PUTHUKULANGARA, KAITODY HOUSE,CHALIYAM.P.O,KOZHIKODE. 2. THE PROJECT OFFICER,KERALA WATER AUTHORITY,OECF,KOZHIKODE. ADV. SRI.C.UNNIKRISHNAN, SC, KWA FOR R2 SRI.T.R.RAVI FOR R1 SMT.AMBIKA DEVI, SC, KWA FOR R2 SRI.P.S.MURALI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.839 of 2010 ------------------------------------------------ Dated this the 23rd day of September, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Karuvanthuruthy village of Kozhikode District for the purpose of the Kerala Water Authority pursuant to Section 4(1) notification published on 06/06/98. For the dry land acquired the Land Acquisition Officer awarded land value at the rate of ` 5379/- per cent. For the wet lands he awarded land value at the rate of ` 1864/- per cent. Before the Reference Court several documents were produced and a Commission Report was also obtained. The learned Subordinate Judge found on the basis of the Commission Report that Ext.A2 was a relevant document which reflected a land value of ` 25,500/-. The learned Sub Judge would add at the rate of 10% per year for passage of three years time. On that basis, the learned Subordinate Judge re-fixed the land value at ` 30,000/- per cent for dry lands and ` 20,000/- per cent for wet lands. L. A. A. No.839 of 2010 -2- 2. In this appeal various grounds are raised challenging the re-fixation by the learned Subordinate Judge. Sri.V.T.K.Mohanan, the learned senior Government Pleader addressed arguments based on all grounds. All the submissions of Sri.Mohanan were supported by Smt.Ambika Devi, the learned Standing Counsel for the Requisitioning Authority. We have considered the submissions. We have made a quick re-appraisal of the evidence. We find that the learned Subordinate Judge was somewhat justified in placing reliance on Ext.A2 as the Commission Report was there. At the same time, we are of the view that the learned Subordinate Judge should have noticed that Ext.A2 pertains to a small extent. It should also have been noticed that the property was situated in a Panchayat area and therefore, giving additions more than 7.5% was not justified. For the smallness of the plot covered by Ext.A2 deduction of at least 25% had to be made. Making deductions and additions as above, the market value of the dry lands involved in the acquisition will have to be re-fixed at ` 23,500/- per cent. We do not know on what basis the learned Subordinate Judge could fix the ratio between the dry lands and wet lands at ` 30,000 : ` 20,000. According to us the ratio fixed by the Land Acquisition Officer is a correct ratio. Hence, the value of L. A. A. No.839 of 2010 -3- the corresponding wet lands cannot be more than ` 9,000/- per cent. 3. The result of the above discussion is as follows:- The appeal is allowed. The value of the dry lands under acquisition is re-fixed at ` 23,500/- per cent. The value of the wet lands under acquisition is re-fixed at ` 9,000/- per cent. Both sides are directed to suffer their respective costs. Claimant/respondent 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 re-fixed compensation. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-