IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 LA.App..No. 203 of 2008() ------------------------------- LAR.102/2003 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT: -------------------------------- SARALA PAULOSE, ALASOKODATH, MATTAKUZHI KARA. BY ADVS. SRI.T.A.SHAJI SRI.K.C.PAULOSE RESPONDENT(S): RESPONDENTS: ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030. 2. THE LEGAL OFFICER (SECRETARIAL), KOCHI REFINERIES LTD., KUNDANNOOR, MARADU. R1 BY GOVT.PLEADER SMT. LATHA T. THANKAPPAN R2 BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.NITHIN GEORGE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2011, ALONG WITH L.A.A. NO.644/2008, L.A.A. NO.2349/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.203, 644 and 2349 of 2008 ---------------------------------------------------- Dated this the 27th day of May, 2011 Judgment Balakrishnan, J. In these cases, the Land Acquisition Officer awarded land value at Rs.29,000/- per Are. The court below refixed the land value at Rs.38,200/- per Are. It is submitted by both sides that in LAA No.1279 of 2009 for identical lands acquired for the same purpose, covered by the same notification, the land value was refixed by this court at Rs.42,650/- per Are. Hence, we refix the land value in these cases also at Rs.42,650/- per Are. 2. In LAA No.2349 of 2008, a building was existed in the property for which the Land Acquisition Officer awarded Rs.4,04,576/- as the market value. The appellant claims an enhanced compensation of Rs.2 lakhs for the said building. Since the building was valued following the P.W.D. rate, certainly the claimant is to be granted a further enhanced compensation, i.e., at the rate of 25% of the value of the building. Hence, the appellant in LAA No.2349/08 is entitled to get a further sum of LAA 203/08 etc. 2 Rs.1,01,144/- as additional compensation for the building which existed in the property. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act except for the periods the appeals were delayed. The appeals are allowed as above. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 203/08 etc. 3 LAA 203/08 etc. 4