IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 813 of 2009() ------------------------- LAR.50/2002 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): CLAIMANT ---------------------- E.P.KURIAKOSE, S/O.PAILY, AGED 62 YEARS, ELAVUMKUDI, KALATHUVAYAL POST, AMBALAVAYAL, WAYANAD DISTRICT. BY ADV. SRI.PHILIP MATHEW RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, WAYANAD, (THE SPECIAL TAHSILDAR (LA) NO.1 K.R.P. & B.S.I.P., KALPETTA. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. No. 813 of 2009 ----------------------------------------------- Dated this the 16th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimant is in appeal. His property in Ambalavayal Village was acquired pursuant to Section 4(1) Notification published on 28-1-1997 for the purpose of Karapuzha Irrigation Project. In this appeal the appellant confines his claim to land value. The L.A. Officer awarded land value at the rate of Rs.733/- per cent. Before the reference court the appellant relied on A1 and A2, both pre-notification documents. Both these documents reveal a land value of Rs.1000/- per cent and the learned Subordinate Judge has not given any specific reason as to why the value reflected in A1 and A2 is not given to the appellant. Instead, what the learned Sub Judge has done is to give a nominal LAA. No. 813/09 -2- increase of Rs.100/- and re-fix the market value at Rs.833/- per cent. Having considered the submissions of Mr. Philip Mathew, learned counsel for the appellant and Smt.Latha T.Thankappan, learned Sr. Govt. Pleader and ourselves having made a survey of the records, particularly A1 and A2, we feel that there is justification for awarding land value at the rate of Rs.1000/- per cent. Hence relying on A1 and A2, we allow the appeal and refix the market value of land under acquisition at Rs.1000/- per cent. The appellant will be entitled to all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the land Acquisition Act. However, as regards the interest under Section 28 of the L.A. Act, the section will have due regard to the conditions imposed by this Court in its order dated 24-7-2009 in C.M.Appln. No. 1030 of 2009. The registry will issue decree copy to the appellant only after ensuring the LAA. No. 813/09 -3- full court fee payable on the appeal memo is remitted. The parties are directed to suffer their costs. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-