IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 LA.App..No. 1583 of 2009() & C.O. NO. 17/2010 -------------------------- LAR.95/2007 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- SMT.JAMEELA, D/O. AHAMED, ANCHAMPARATHICKAL AND W/O.ADMAKUTTY, KALTHIPARAMBIL, CHERANELLUR, KOZHI-34. BY ADV. SRI.P.A.ABDUL JABBAR SRI.K.P.MAJEED RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, N.H.(B) DIVISION, KODUNGALLUR. GOVERNMENT PLEADER FOR CROSS OBJECTOR SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2011, ALONG WITH CO NO. 17 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1583 OF 2009 & C.O. No.17 OF 2010 ------------------------ Dated this the 29th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the claimant pertains to acquisition of her land and building situated in Cheranelloor Village pursuant to Section 4 (1) notification published on 14/3/2002 for the purposes of NH-17. The property was included in category 1 i.e. properties abutting existing highway and was awarded land value at the rate of Rs.1,08,800/- per Are. The Reference Court on evaluating the evidence adduced by the parties refixed the land value at Rs.1,71,600/- per Are. For the building which existed on the property the Land Acquisition Officer awarded Rs.2,49,535/-. Even though Ext.C1 commission report prepared by the commissioner with the assistance of an expert engineer was relied on, the court below discarded the same stating reasons. In this appeal enhancement is claimed towards land value as well as towards the building value. 2. The Government has preferred a memorandum of Cross Objection assailing the land value refixed by the Court as LAA.No.1583/2009 & CO 17/2010 2 excessive. 3. The extensive submissions were addressed before us by Sri.P.A.Abdul Jabbar learned counsel for the petitioner/claimant and all the submissions of the learned counsel were resisted by Sri.V.T.K.Mohanan learned senior Government Pleader. 4. We have anxiously considered the submissions addressed at the Bar. We have gone through the impugned judgment. We have made a quick reappraisal of the evidence. We are of the view that when judgments of this court refixing the land value in Cheranelloor village acquired for the same purpose are taken into account, the rate presently fixed by the Reference Court towards land value is inadequate. We refix the land value at Rs.1,77,895/- per Are. We agree with the learned Subordinate Judge in having discarded the commission report and the recommendations of the engineer. At the same time, the learned Subordinate Judge should have awarded enhancement to the appellant towards building value keeping in mind the principle that construction of buildings strictly in accordance with the PWD's schedule of rate adopted by the Land Acquisition Authority is not a practical proposition. We are of the view that LAA.No.1583/2009 & CO 17/2010 3 at least 35% of the value awarded by the Land Acquisition Officer should have been awarded. Accordingly, we awarded to the appellant Rs.87,350/- more towards the building value. 5. The appellant has another grievance. As the amount due under the original award passed by the Land Acquisition Officer was paid in two instalments, the appellant has not received the entire interest due to her on the original compensation under Section 28. As regards this grievance, we permit the appellant to make appropriate claim in the Execution Petition to be filed for the execution of the present decree, in which case the Execution Court will verify the claim and order payment if the grievance is found to be correct. 6. On the total enhanced compensation that is being given under this judgment, the appellant will be entitled for all statutory benefits. The appeal is allowed, however without any order as to costs. The Cross Objection is dismissed. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk