IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 LA.App..No. 1213 of 2008(C) -------------------------------- LAR.29/2005 of SUB COURT, PALA .................... APPELLANT(S): ADDL. CLAIMANTS -------------------------------------- 1. JOLLY, W/O.JOSE, VALAYANICKAL, KURAVILANGADU. 2. TOMY, S/O.JOSEPH, VALAYANICKAL, KURAVILANGADU. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S)/RESPONDENT: ----------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. GOVT. PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ L. A. A. No.1213 of 2008 ------------------------------------------------ Dated this the 4th day of July, 2011 JUDGMENT Pius C. Kuriakose, J Under challenge in this appeal preferred by the claimants is the judgment of the Land Acquisition Reference Court, Pala re-fixing the value of properties in Kuravilangadu village at ` 12,000/- per Are enhancing the same from ` 6,288/- per Are, the rate awarded by the Land Acquisition Officer. The notification under Section 4(1) was published on 03/08/04. The evidence before the Reference Court consisted of Exts.A1 to A5, R1 series, Exts.C1 and C1(a) apart from the solitary oral evidence of the claimant AW1. The learned Subordinate Judge noticed that the property was purchased by the claimant in 1995 paying value at the rate of ` 5,000/- per cent. Relying on Ext.A1 and the other L. A. A. No.1213 of 2008 -2- documents only, the learned Subordinate Judge re-fixed the value at ` 12,000/- per Are. Sri.P.C.Haridas, the learned counsel for the appellants would fairly bring to our notice that this rate of ` 12,000/- per Are has been approved by this Court by common judgment in L.A.A.1318/08 and L.A.A.520/08, the appeals preferred by the claimant and the Government. But the learned counsel submitted that in the present case, there is justification for granting much more than ` 12,000/- per Are. He drew our attention to Ext.A1 sale deed. Sri.V.T.K. Mohanan, the learned senior Government Pleader submitted that as the rate of ` 12,000/- per Are has become final by judgment in L.A.A.1318/08 and L.A.A.520/08 granting anything more than the present rate can open up a floodgate of review petitions. 2. Having considered the rival submissions addressed at the Bar, we feel that notwithstanding the finality attained to the rate of ` 12,000/- per Are by judgment of this Court in L. A. A. No.1213 of 2008 -3- L.A.A.1318/08 and 520/08, there is justification in this case, as a special case to award the rate of ` 18,000/- per Are. The appellants purchased the property under Ext.A1, 8 to 9 years prior to the acquisition. The learned Subordinate Judge has proceeded as if Ext.A1 is a normal transaction. The property is situated in Kuravilangadu village which is an important and ancient town in Kottayam district. The area has to be treated as at least semi urban. Relying the principles laid down by the Supreme Court in G.M., Oil & Natural Gas Cor. Ltd. v. R. Jivanbhai Patel & Anr. (2008 SAR (Civil) 894) there is justification for making additions in rural areas at the rate of up to 7.5% per annum. If the area is urban, enhancement can be granted at any rate between 10 to 15% every year. We feel that there is justification for granting to the appellant additions at the rate of at least 6% per year. Making additions that way, we re-fix the land value of the properties under acquisition at ` 18,000/- per Are. The L. A. A. No.1213 of 2008 -4- appellants will be entitled for all statutory benefits also. However, while decree is drafted and provision is made for interest under Section 28, the period covered by the application for condonation of filing delay and also by the application for condonation of the re-presentation delay will be excluded. The Registry will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted. We make it clear that this judgment fixing the land value at ` 18,000/- per Are will not be a precedent and will be applicable as a special case only to the present case. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/- L. A. A. No.1213 of 2008 -5-