IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 LA.App..No. 445 of 2011 (A) -------------------------------- LAR.370/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------------- P.V.ANIL KUMAR, S/O.PADMANABHAN NAIR, VIJAYA BHAVAN, T.C. 10/1149, VATTIYOORKAVU, THIRUVANANTHAPURAM BY ADV. SRI.S.RAJASEKHARAN NAIR SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM-695001 ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R2 GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.445 of 2011 ------------------------------------------------ Dated this the 1st day of September, 2011 JUDGMENT Pius C. Kuriakose, J As directed by us Sri.V.T.K.Mohanan, the learned Senior Government Pleader has taken notice and we have heard the submissions of the learned senior Government Pleader also. This appeal pertains to acquisition of land in Peroorkada village, for the expansion programme of IISU of ISRO. The relevant Section 4(1) notification was published on 22/04/04. The property was included by the Land Acquisition Officer in category-C and he awarded land value at the rate of ` 30,978/- per Are. The appellant had a contention before the Reference Court that his property is eligible to be included in category-B. This contention was upheld and the Land Acquisition Reference Court included the property in L. A. A. No.445 of 2011 -2- category-B. On the basis of the evidence adduced by the parties, the learned Subordinate Judge would re-fix the land value at ` 83,740/- per Are. 2. Various grounds are raised in this appeal assailing what is described as the inadequacy of the compensation re- fixed by the reference court. The claim in this appeal is that the market value be re-fixed at ` 4 lakhs per Are. The learned counsel for the appellant drew our attention to various judgments of this court including the judgments in L.A.A.411/10, 355/10, 1136/10, 1137/10, 1138/10 1140/10 and 273/10. It was submitted that under those judgments the value of properties included in category-B has been re- fixed by this Court at more than ` 4 lakhs. Hence, it was re- quested that the appeal be allowed re-fixing value of land at ` 4 lakhs per Are. 3. Sri.V.T.K.Mohanan, the learned senior Government Pleader pointed out that though it is true that for similar L. A. A. No.445 of 2011 -3- properties this Court has re-fixed the land value at ` 4 lakhs per Are, in this case there is no justification for awarding the same rate to the appellant. According to the learned Government Pleader, the appellant's claim before the Reference Court as well as before the Land Acquisition Officer was only for value at the rate of ` 1 lakh per cent. We find force in the submission of the learned Government Pleader. Hence, we are inclined to re-fix the land value only at ` 2,47,000/- per Are. Accordingly, we allow the appeal and re-fix the value of the land under acquisition at ` 2,47,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this Court in its order dated 05/08/11 in C.M.Application No.1005/11. It should be ensured that all L. A. A. No.445 of 2011 -4- the conditions in that order have been complied with and also that full court fee payable on the appeal memorandum is remitted. The appeal is allowed, however without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-