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. 1097 of 2005(D) -------------------------- LAR.234/2001 of PRL.S.C.,THALASSERY .................... APPELLANT(S)/COMPLAINANT: ---------------- SRI. M.R. RAJAN, S/O. KANARI, KARTHIKA, P.O. KIZHUNNA, NEAR ESI HOSPITAL, KANNUR DISTRICT. BY ADV. SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S)/RESPONDENT: ------------------ THE SPECIAL TAHSILDAR, L.A. KANNUR, KANNUR DISTRICT. SR.GOVT. PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD 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.1097 of 2005 ---------------------------------- Dated this the 16th day of July, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The claimant is in appeal. His land in Elayavoor Village was acquired by the Government for the purpose of construction of Chovva-Nadal Byepass. The acquisition was on the basis of a notification published on 4.11.1997. The land was garden land. The Land Acquisition Officer awarded land value at the rate of Rs.4,979/- per cent. The reference court re-fixed the land value on appreciating the evidence which came on record at Rs.7,500/- per cent. In fact, for a small portion covered by the acquisition extending to 1.60 Ares the Land Acquisition Officer had adopted the method of capitalisation of income and had awarded Rs.22,707/- towards improvements of land. Even though the court under the impugned judgment awarded land value for the entire extent, the court omitted to deduct the above sum from the total compensation. 2. Sri.Rakesh Roshan, learned counsel for the L.A.A.1097/05 2 appellant addressed before us in detail. He drew our attention to Exts.A1, A2, A4 and also A3. He would give thrust on Ext.A3 and submit that in Ext.A3 which is the proceedings of the Revenue Divisional Officer, it has been found that the value at the relevant time in the locality is Rs.25,000/- per cent. According to him, the reasons stated by the learned Subordinate Judge for discarding Exts.A1, A2 and A4 are incorrect. He requested that the appeal be allowed in full and market value be re-fixed at Rs.20,000/- per cent. 3. All the submissions of Mr.Rakesh Roshan were resisted by Smt.Latha T.Thankappan, Senior Government Pleader, who supported the impugned judgment on the various reasons stated therein. Responding to a query put by us Smt. Latha would fairly concede that in LAA.No.1225/2007 this court had re-fixed value for identical lands at Rs.10,200/- per cent. 4. Having anxiously considered rival submissions addressed at the bar, having scanned the impugned judgment and having taken into account the judgment of this court in LAA.No.1225/2007 we are of the view that appeal can be allowed to the extent of relying on the judgment in LAA.No.1225/2007. According to us, the said judgment is a L.A.A.1097/05 3 very relevant item of evidence for deciding this appeal. Hence, relying on that judgment, we allow this appeal and re- fix market value of land under acquisition at Rs.10,200/- per cent. Appellant will be entitled for enhanced compensation on the basis of this judgment. It is needless to mention that for the total enhanced compensation to which the appellant becomes eligible by virtue of this judgment he will be entitled for all statutory benefits admissible under Section 23(1A), 23 (2) and Section 28 of the Land Acquisition Act. 5. Appeal is allowed. Appellant is directed to suffer the respective costs. The sum of Rs.22,707/- awarded by the Land Acquisition Officer to the appellant towards value of improvements will be deducted from the total compensation payable to the appellant as per this judgment. It is clarified that land value should be given for the entire land including the extent of 1.6 Ares for which value of improvements was given by the L.A Officer. No costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb