IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 742 of 2010() ------------------------- LAR.159/2002 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANTS/RESPONDENTS IN LAR ------------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ALAPPUZHA, THE SPECIAL TAHSILDAR (LA) N.H., ALAPPUZHA. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT/CLAIMANT IN LAR ------------------------------ THOMAS, ELAYICKAL, KARICHAL, VEEYAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2355 OF 2010 IN LAA NO.742 OF 2010 DISMISSED. 16.6.2011 SD/- PIUS C.KURIAKOSE, JUDGE. SD/- N.K.BALAKRISHNAN, JUDGE. PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A..No.742 of 2010 ---------------------------------------------------- Dated this the 16th day of June, 2011 Judgment Pius C.Kuriakose, J. There is no appearance for the respondent, though notice has been served. This appeal pertains to the wet lands and dry lands in Veeyapuram Village acquired for the purpose of widening and strengthening Haripad-Veeyapuram road. The relevant Section 4(1) notification was published on 28.4.1991. The Land Acquisition Officer awarded Rs.741/- per Are for the wet land and Rs.4837/- per Are for the dry land. The reference court under the impugned award has refixed the land value at Rs.7,981.50 for the wet land and Rs.15,963/- per Are for the dry land. We notice the judgment of this court in LAA No.1048 of 2007 which was in respect of acquisition of dry lands for the same purpose pursuant to the same notification which was only two months earlier. Under that judgment the enhancement granted is 160% over and above what was awarded by the L.A.O. Following that judgment, we refix the value of dry land at Rs.12,624/- per Are in this case. LAA 742/10 2 2. We notice from the impugned judgment that the learned Subordinate Judge has not kept in mind the ratio maintained by the L.A.O. between the value of the wet lands and the dry lands. Following the ratio maintained by the L.A.O., we cannot award more than 50% for the wet lands under acquisition. On a better assessment, the correct land value will have to be refixed at Rs.3000/- per Are for the wet lands. Accordingly, we refix the value of wet lands at Rs.3000/- per Are. The claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. The appeal is allowed as above. The parties will suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 742/10 3 LAA 742/10 4