IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 LA.App..No. 2010 of 2008() -------------------------- LAR.196/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): IST RESPONDENT ---------------------------- STATE OF KERALA, REP. BY SPECIAL TAHSILDAR (LA), KOZHIKODE. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANTS ------------------------ 1. V.P.ABDUL RAHEEM, BARKOOL HOUSE, P.O.PERINIGADI, KANNUR DISTRICT. 2. V.P.ABDUL RASHEED, BARKOOL HOUSE, P.O.PERINIGADI, KANNUR DISTRICT. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------ LAA. No. 2010 of 2008 ------------------------------------------- Dated this the 30th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The Government is in appeal, being aggrieved by the re-fixation of compensation for the property which was acquired for the purpose of extension of road from lorry stand to the Arabind Ghosh Road. The property was situated in Nagaram Village within the area of the Kozhikode Corporation. The relevant Section 4(1) notification was published on 28-6-1993. The Land Acquisition Officer awarded land value at the rate of Rs.29,649.85 per cent. The evidence before the reference court consisted of Ext.A1, a post notification document and the oral evidence of PWs. 1 to 3. On the side of the respondents, the same consisted of Ext.B1 copy of the basis document and the oral evidence of RW1. Apart from that, two commissioners' reports were also marked as Exts.C1 and C2. The court below re-fixed the LAA. No. 2010/08 - 2 - land value at Rs.1,00,000/- per cent. 2. We have heard the submissions of Smt. P.N.Sumangala, learned Govt. Pleader. Even though respondents were served with notice there was no appearance for them. Smt. Sumangala argued that it is relying on Ext.A1, a document which was six years subsequent to the notification under section 4(1) that the court below granted enhancement to the respondents. According to her, when Ext.B1 basis document was there the court below should not have relied on a post notification document. In this regard Smt. Sumangala relied on the judgment of the Supreme Court in G.M.Oil & Natural Gas Corn. Ltd. v. R.Jivanbhai Patel & Anr. 2008 SAR (Civil) 894. 3. We have considered the submissions of the learned Govt. Pleader. It is not correct to say that it is relying on Ext.A1 alone that the court below granted enhanced compensation to the respondents. C1 and C2 reports were LAA. No. 2010/08 - 3 - of clear indication to the fact that the property under acquisition was situated very near to various important junctions, institutions and establishments within the area of the Kozhikode Corporation, the biggest city in the erstwhile Malabar District. The oral evidence of PWs. 1 to 3 was also convincing. There was justification for granting enhancement. At the same time, we are in agreement with the learned Govt. Pleader who submitted that at any rate, the enhancement granted is excessive. We take into account our own judgments in other cases pertaining to acquisition of land in Kozhikode and re-fix the value of the land under acquisition at Rs.90,000/- per cent in modification of the rate fixed by the reference court. The appeal stands allowed to the above extent. It is needless to mention that the respondents will be entitled for all statutory benefits admissible under sections 23(2), 23 (1A) and 28 of the Land Acquisition Act on the enhanced LAA. No. 2010/08 - 4 - compensation to which they become eligible by virtue of this judgment. The parties are directed to suffer their costs in this appeal. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-