IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 LA.App..No. 2450 of 2008(B) -------------------------------- LAR.281/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 --------------------------------------------------------- 1. VALSALA, W/O.HARIHARAN, RESIDING AT SIDHI, T.C.15/1013 COTTON HILL SQUARE, VAZHUTHACAUD, THIRUVANANTHAPURAM. (DIED). 2. K.V.HARIHARAN, H/O.LATE VALSALA, RESIDING AT SIDHI, T.C.15/1013, COTTON HILL SQUARE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. INDU HARIHARAN, D/O.LATE VALSALA, RESIDING AT SIDHI, T.C.15/1013, COTTON HILL SQUARE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. VENKIDESH, S/O.LATE VALSALA, RESIDING AT SIDHI, T.C.15/1013, COTTON HILL SQUARE, VAZHUTHACAUD, THIRUVANANTHAPURAM. LA.App..No. 2450 of 2008(B) -2- 5. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.J.HARIKUMAR FOR R2 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/02/2011 ALONG WITH LAA NO.262 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ L. A. A. Nos.2450 of 2008 & 262 of 2009 ------------------------------------------------ Dated this the 14th day of February, 2011 JUDGMENT Pius C. Kuriakose, J Both the appeals are preferred by the Government. The acquisition was of the property in Thycaud village and the purpose of the acquisition was widening of the road from Museum to Thampanoor Over bridge. The relevant Section 4 (1) notification was published on 07/09/04. The Land Acquisition Officer awarded land value at the rate of Rs.2,44,530/- per Are. The Reference Court on evaluating the evidence which consisted of Exts.A1 to A3, R1 series to R4 series and the oral evidence of AW1 would re-fix the land value at Rs.24,23,828/- per Are. 2. In these appeals, various grounds are raised L. A. A. Nos.2450 of 2008 & 262 of 2009 -2- assailing what is described as the excessiveness of the compensation awarded by the court below. The learned Senior Government Pleader Smt.T.T.Josephina would draw our attention to the judgment of this Court in LAA.462/10 and submit that that judgment pertains to acquisition over some times and the Land Acquisition Officer had awarded higher value than the present property and this Court re- fixed the value at Rs.21,38,390/-. According to the learned Government Pleader the value of this property has to be less than the above rate. 3. Sri.J.Harikumar, the learned counsel for the claimants/respondents would draw our attention to the judgment of this Court in LAA.136/08 authored by one among us [PCK(J)]. According to him, for nearby properties acquired pursuant to Section 4(1) notification published L. A. A. Nos.2450 of 2008 & 262 of 2009 -3- more than four years earlier, this Court has approved value at the rate of Rs.22,50,698/-. When additions are made for passage of four year's time, the value awarded under the impugned judgment is only to be approved. 4. Having considered the rival submissions addressed at the Bar, we are of the view that the judgment in LAA.462/10 has more probative value than any other judgment in this case. Under that judgment, the value approved was Rs.21,38,390/-. Even though there is a time lag of 23 days between relevant notifications, we are inclined to award the same rate to the property which is subject matter of this appeal. Relying on that judgment, we allow this appeal to the extent of re-fixing the market value of the land under acquisition at Rs.21,38,390/-. The claimants/respondents will be entitled for all statutory L. A. A. Nos.2450 of 2008 & 262 of 2009 -4- benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/-