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 29TH JUNE 2010 / 8TH ASHADHA 1932 LA.App..No. 1085 of 2009() -------------------------- LAR.89/2003 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ---------------------- PREMACHANDRAN,S/O.PARAMESWARAN PILLAY, NEDUMKOMBIL,KODAMTHURUTHU,KUTHIYATHODU.PO, CHERTHALA. BY ADV. SRI.C.K.SAJEEV RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTELD BY SPECIAL TAHSILDAR(LA),GENERAL,ALAPPUZHA. 2. THE PROJECT OFFICER,NO:III,OECF PROJECT, KERALA WATER AUTHORITY,VELLAYAMBALAM, THIRUVANANTHAPURAM. ADV. SRI.BABU VARGHESE, SC, KWA FOR R2 BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1085 OF 2010 ------------------------ Dated this the 29th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. His property in Kodamthuruthu village in Alapuzha District was acquired pursuant to Section 4 (1) notification published on 2/2/2000 for the purpose of OECF aided water supply scheme of the Kerala Water Authority. The Land Acquisition Officer awarded land value at the rate of Rs.61,200/- per Are. Before the Reference Court, the appellant produced Exts.A1 and A2. Ext.A1 was rightly rejected by the court below on the reason that the same is a post notification document. Ext.A2 was the judgment in respect of acquisition of property in the nearby Kuthiathodu village pursuant to a notification about two years earlier. Under Ext.A2, the Court had refixed the value of land at Rs.78,284/- per cent. The learned Subordinate Judge did not rely on Ext.A2 for the reason that there is no report by an advocate commissioner after comparing Ext.A2 property with the property under acquisition. On the reason that there is absolutely no evidence, what the court L.A.A.1085/2009 2 below did was to confirm the the award of the Land Acquisition Officer and answer the reference accordingly. 2. In this appeal various grounds have been raised assailing the judgment of the Reference Court and Sri.C.K.Sajeev learned counsel for the appellant addressed us on the basis of all those grounds. All the submissions of Sri.Sajeev were very stiffly resisted by Sri. Babu Varghese, learned standing counsel for Kerala Water Authority, the requisitioning authority. Sri.Babu Varghese was supported in his submissions by Smt.Latha T.Thankappan, learned senior Government Pleader. As a last submission, Sri. Sajeev requested that if this Court finds it necessary the issue may be relegated back to the Reference Court, so that the appellant can adduce further evidence and claim the rate of 78284/- per cent awarded under Ext.A2. 3. We have considered the rival submissions. We find that in the present appeal, the appellant had limited his claim for the purpose of appeal to Rs.45,363.5/- which is far below the rate of Rs.78,284/- per cent awarded under Ext.A2. We feel that it is in the interest of the requisitioning authority itself that we consider the present appeal and decide the issue finally. L.A.A.1085/2009 3 4. The appellant has a justification for not getting a report from the commissioner on a comparison of the acquired properties and the properties covered by Exts.A2. Ext.A2 judgment itself was delivered only subsequent to the visit by the commissioner of the properties in this case. Admittedly Ext.A2 properties and the properties under acquisition are situated in adjacent villages. The acquired properties are in Kodamthuruthu village, which in terms of nearness to Cochin, is nearer than the properties covered by Ext.A2. It is not in dispute that the properties were situated near to NH-47 from Cochin to Allapuzha. We are of the view that there must be some co- relation between the values of the properties in Kodamthuruthu and Kuthiathodu villages. According to us, Ext.A2 itself can be relied on and the market value of the property under acquisition can be refixed at Rs.40,000/- per cent. Accordingly, allowing the appeal we refix the market value of land under acquisition at Rs.40,000/- per cent. The appellant will be entitled for enhancement on this basis i.e. at the rate of Rs.15,233/- per cent. It is needless to mention that the appellant will be entitled for all statutory benefits admissible L.A.A.1085/2009 4 under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. The appeal will stand allowed to the above extent, however, the parties are directed to suffer their respective costs throughout. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk