IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 LA.App..No. 1041 of 2009() -------------------------- LAR.13/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA. RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT ----------------------------------------- 1. SOOSA PAKIAM, ARCH BISHOP OF THIRUVANANTHAPURAM, ARCH BISHOPS HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. DR.S.ARUNKUMAR, THOMSON TRADE, HP DEALER, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 1041 of 2009 ----------------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Vanchiyoor Village for the purpose of widening of Palayam - Pattoor Road pursuant to Section 4(1) notification published on 2-12-2002. The L.A.O. awarded land value at the rate of Rs.2,71,102/- per Are. The Reference Court on evaluating the evidence which consisted of Exts.A1 to A6, R1 to R4 and AW-1 would re-fix the land value at Rs.27,16,998/- per Are. We notice that it was Ext.A6 judgment that the learned Sub Judge relied on for granting so much of enhancement. A6 was in respect of acquisition pursuant to a Section 4(1) notification subsequent to the relevant notification in this case. Our attention is drawn by the learned Govt. Pleader Smt.Sumangala to our own judgment in LAA. No. 503 of LAA. No. 1041/09 -2- 2009. Under that judgment we had re-fixed the land value of an identical property for which the L.A. Officer had awarded almost the same value, i.e., Rs.2,71,107/- per Are, at Rs.24, which was enhanced by the Reference Court to Rs.24,23,828/- per Are, at Rs.14,50,000/- per Are. The learned Govt. Pleader requested that the above judgment be followed and the market value of the land involved in this case also be re-fixed at Rs.14,50,000/- per Are. 2. The submissions of the learned Govt. Pleader was very stiffly resisted by Smt.Hemalatha. Smt. Hemalatha submitted that the land involved in the present case was superior to the land involved in L.A.A.No. 503 of 2009. According to her, the land under acquisition in this case is situated just one furlong from Statue Junction, Trivandrum and in close proximity to St.Joseph Higher Secondary School, General Hospital, Directorate of Health Services and Holy Angel School, Convent etc. According to her, it was LAA. No. 1041/09 -3- noticing the superiority of the land involved in this case that the very same learned Sub Judge became inclined to grant a value which is higher than the value which was awarded to the respondent in LAA. No. 503 of 2009. Even though the principles underlying Section 28A and Section 25 of the Land Acquisition Act would necessitate award of the same value for properties which were valued equally by the land acquisition officer, we feel that in this particular case there was justification for the learned Sub Judge to have awarded a value slightly higher than the value which was awarded to the respondents in LAA. No. 503 of 2009. Hence even though we are inclined to follow the reasons stated by us in our judgment in LAA. No. 503 of 2009 for substantially interfering with the value fixed in that case we feel that a rate slightly higher than the rate fixed in that case can be awarded. Hence taking into account our own judgment in LAA. No. 503 of 2009 and the slight superiority that we LAA. No. 1041/09 -4- notice for the properties under acquisition in this case, we re-fix the value of the land under acquisition at Rs.15 lakhs per Are. Appeal is allowed to the above extent. The claimants will be entitled for all statutory benefits admissible on the total enhanced compensation. We make it clear that this judgment will not be a precedent for other cases pertaining to acquisition for Palayam - Pattoor Road. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-