IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 LA.App..No. 1740 of 2007(D) --------------------------- LAR.229/2005 of SUB COURT, MUVATTUPUZHA .................... APPELLANT: APPELLANT/CLAIMANTS. ------------------------------- 1. JOS @ JOY, S/O.CHERIA, MOOLANKUZHIYIL HOUSE, SOUTH MARADY. 2. YOHANNAN, S/O..CHERIA, MOOLANKUZHIYIL HOUSE,SOUTH MARADY. 3. ALIYAS,S/O..CHERIA, MOOLANKUZHIYIL HOUSE,SOUTH MARADY. BY ADV. SMT.SANTHAMMA ISSAC SRI.N.C.THOMAS SRI.CHERIAN THOMAS SMT.ANU THANKAM MATHEW RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, KOCHI-682030. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1740 of 2007 ----------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Harun-Ul-Rashid,J. This is an appeal filed by the claimants against the judgment and decree in L.A.R.No.229/2005 on the file of the Sub Court, Muvattupuzha. An extent of 11.95 Ares of land belonging to the claimants was acquired for the purpose of Muvattupuzha Valley Irrigation Project. Section 4(1) notification was published on 25-10-1993. The Land Acquisition Officer awarded land value at the rate of Rs.4,754/- per are. 2. In support of the claim for enhanced compensation the claimant relied on his deposition as AW1 and Ext.A1 certified copy of the common judgment in L.A.R.No.333/1995 and other connected cases. The property covered by Ext.A1 was also acquired for the same purpose under the same notification. The category was also the same and the land value fixed by the Land Acquisition Officer is also the same. In Ext.A1 judgment the reference court enhanced the land value and refixed the same L.A.A.No.1740 of 2007 -:2:- at Rs.10,100/- per are. The court below refixed the land value in this case at Rs.6,656/- per are thereby granting enhanced land value at the rate of Rs.1,902/- per are. In Ext.A1 the additional land value awarded is Rs.5,346/- per are. Since both the properties are similar and comparable in all respects as stated above, there is no justification in granting a lesser value for the acquired land in this case. In the circumstances we are of the view that the claimants are entitled to get land value refixed at the rate of Rs.10,100/- per are. 3. The learned Government Pleader submits that in view of the finding that the acquired property is not similar and similarly situated as that of Ext.A1 property, the court is justified in refusing to grant any enhancement. But it has to be seen that Ext.A1 property also is acquired for the same purpose and is covered by the same notification. For the property covered by Ext.A1 also the Land Acquisition Officer fixed the land value at Rs.4,754/- per are. So necessarily it has to be inferred that the Land Acquisition Officer did not have a case of any dissimilarity or incomparability of the acquired property with that of Ext.A1 L.A.A.No.1740 of 2007 -:3:- property. In that view of the matter the reference court is not justified in holding that there is no independent evidence available on record. In the result the appeal is allowed. The judgment and decree are modified by refixing the land value at the rate of Rs.10,100/- per are. The appellants/claimants are also entitled to all statutory benefits including interest on solatium. There will be no order as to costs. I.A.No.4584/2007 is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1740 of 2007 ---------------------------- JUDGMENT 26th February, 2008