IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 LA.App..No. 172 of 2001() ------------------------------------- LAR.69/1995 of III ADDITIONAL SUB COURT, ERNAKULAM .................... APPELLANT/CLAIMANT: ------------------------------------ JOSEPH J.VAYALAT, S/O.LATE V.T. JOSEPH, VAYALAT HOUSE, FORT KOCHI, KOCHI-1. (REPRESENTED BY THE POWER OF ATTORNEY HOLDER, ROY J.VAYALAT, S/O.LATE V.T. JOSEPH, VAYALAT HOUSE, FORT COCHIN, KOCHI-1). BY ADV. SRI.K.S.BABU, SMT.N.SUDHA. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-30. 2. COCHIN REFINERIES LTD., AMBALAMUGAL-682 302, REPRESENTED BY THE COMPANY SECRETARY, COCHIN REFINERIES LTD., AMBALAMUGAL-682 302. R1 BY GOVT. PLEADER SMT.SMITHA SUKUMARAN. R2 BY SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, ALONG WITH LAA NO.181 OF 2001 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------------- L.A..A Nos.172, 173, 181 & 445 OF 2001 -------------------------------------------------------- Dated this the 18th day of January, 2011. JUDGMENT A.K.BASHEER, J. These appeals are being disposed of through this common judgment, since they arise from common decree and judgment passed by the Subordinate Judge's Court, Ernakulam in a batch of Land Acquisition cases. 2. Small parcels of land belonging to the appellants were acquired by the State at the instance of respondent No.2-Cochin Refineries Ltd. pursuant to Section 4(1) notification dated 17.03.1994. The lands acquired from the appellants were included under category No. 5 and 7. 3. As far as category No.7 is concerned, the land value fixed at Rs.4,810/- per Are has been confirmed by this Court in L.A.A No.297 of 2000. Learned counsel for the appellants submits that same rate can be adopted for the lands included under category No.7. 4. As far as category No.5 is concerned the value adopted by the Land Acquisition Officer was Rs.9,020/- per Are. The Reference Court enhanced and re-fixed it at Rs.11,175/- per Are. L.A..A Nos.172, 173, 181 & 445/01 2 In this context it may be noticed that the land value of category No.4 which lies contiguous to category No.5 had been fixed at Rs.15,800/- per Are. It is true that this land value had already been confirmed by this Court in L.A.A No.253 of 2000. However, it is seen that in respect of category Nos.4 land value has been fixed applying 10% enhancement on the value adopted for category No.3. Applying the same principle, land value for Category No.5 can be enhanced, particularly since it is the admitted position that there is road frontage for this property. Thus calculated, the land value for category No.5 will come to Rs.17,380/- per Are (Rs.15,800+Rs.1,580/-=Rs.17,380/-). Therefore, the land value of category No.5 is enhanced and re- fixed at Rs.17,380/- per Are. 5. The appellants are also dissatisfied with the enhancement given by the court below in respect of the structures situated in the properties in L.A.A Nos.173 and 445 of 2001. We have been taken through the valuation statement prepared by the Land Acquisition Officer, the report of the Advocate Commissioner as well as the valuation statement prepared by the Engineer who assisted the Advocate Commissioner. It is true that there is wide disparity between the value fixed by the Land Acquisition Officer L.A..A Nos.172, 173, 181 & 445/01 3 and the Engineer. But having carefully perused the valuation statements prepared by the Land Acquisition Officer and the Engineer, we are of the view that the valuation adopted by the Engineer is undoubtedly on the higher side. The court below has awarded enhancement to the extent of 25% over and above the value adopted by the land Acquisition Officer. Having regard to the entire facts and circumstances of the case we are satisfied that enhancement can be given to the extent of 35% over and above the value adopted by the Land Acquisition Officer. Ordered accordingly. 6. The decree and judgment passed by the court below shall stand modified to the extent indicated above. Appellants shall be entitled to get all other statutory benefits as granted by the court below. Appeals are disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mns