IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 LA.App..No. 277 of 2009(D) -------------------------- LAR.12/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, LA, NH, KOZHIKODE. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS: ------------------------- 1. MEENAKSHI AMMA, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 2. MALUKUTTY AMMA, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 3. GANGADHARAN NAIR, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 4. RADHA, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 5. VELAYUDHAN, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE 6. SANTHA, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 7. SATHYAVATHI, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 8. DEVI, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 9. PADMINI, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. 10. HARIDASAN, KARAKATTU HOUSE, VELLIMADU KUNNU, A.R.CAMP ROAD, MALAPARAMBA, KOZHIKODE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.277 OF 2009 ------------------------ Dated this the 18th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. Even though the respondents have been served with notice, they have not entered appearance. We have therefore heard Sri.P.K.Babu, learned senior Government Pleader for the appellant. 2. This appeal pertains to acquisition of land in Vengeri Village for the formation of Calicut bye pass road as per Section 4 (1) notification dated 8/8/1993. The land acquisition officer awarded land value at the rate of Rs.13200/- per cent. The reference court, relying mostly on Exts.A1 to A3 judgments, refixed the land value at Rs.55,000/- per cent. In fact, Advocate Commissioner, who inspected the properties under acquisition as well as the property covered by Exts.A1 to A3, had recommended the value of Rupees One Lakh per cent. The court below noticed that acquisition under Exts.A1 to A3 was five years subsequent to the present acquisition and therefore what was done was to make deduction from the rate fixed under L.A.A..No.277/2009 2 Exts.A1 to A3. Our attention was drawn by the learned Government Pleader to the judgment of the Supreme Court in G.M.Oil & Natural Gas Corporation Ltd. v. Rameshbhai Jivanbhai Patel & Anr. (2008 SAR (Civil) 894). It was argued that even if the reference court was justified in relying on Exts.A1 to A3, that court has not made suitable deductions from the value revealed under Exts.A1 to A3 for the passage of five years time after the present acquisition till Exts.A1 to A3. It was submitted by the learned senior Government Pleader that percentage of deduction to be made when subsequent documents are taken into account will be more than the normal percentage of 10% to 15 % in an urban area. We find some merit in the above submissions of the Government Pleader. We are of the view that atleast 60% deduction should have been made on the value revealed under Exts.A1 to A3 for passage of five years time. Making such deductions, we refix the land value at Rs.48,000/- per cent. This appeal will stand allowed to that extent. It is needless to mention that the respondent will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act for the enhanced compensation L.A.A..No.277/2009 3 at the rate of Rs.48,000/- awarded to them under this judgment. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk