IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 LA.App..No. 369 of 2011() ------------------------- LAR.349/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT IN LAR ------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLAIMANT IN LAR ------------------------------ V.M.MOHAN, POWER OF ATTORNEY HOLDER, SMT.REVA, D/O.T.N.PARVATHY AMMAL, CONVENT VIEW, CONVENT ROAD, RISHIMANGALAM, THIRUVANANTHAPURAM. ADV. SRI.SIBY MATHEW FOR R SRI.PHILIP J.VETTICKATTU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 369 OF 2011 ------------------------ Dated this the 6th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. As directed by us, Sri.Philip J.Vettickattu has taken notice on behalf of the respondent/claimant. The property was in Vanchiyoor Village and the acquisition was for the purpose of widening of LMS - Attakulangara Road. Notification under Section 4(1) was published on 6/8/2005. The Land Acquisition Officer awarded land value at the rate of Rs.4,11,665/- per Are. The Reference Court on evaluating the evidence adduced by the parties refixed the same at Rs.24,70,000/- per Are. 2. In this appeal, the Government contends that what is awarded by the Reference Court is excessive. The senior Government Pleader Sri.V.T.K.Mohanan would drew our attention to our own common judgment in L.A.A. Nos.2208/2008, 263/2009 and C.O. Nos. 12 & 37/2010. The learned LAA.No.369/2011 2 Government Pleader submitted that under that common judgment value of identical lands acquired in the same village for the same purpose was refixed by this court at Rs.21,60,000/- per Are. The Government Pleader therefore requested that the appeal be allowed and the value of the land under acquisition be refixed at Rs.21,60,000/- per Are. 3. Sri.Philip J.Vettickattu learned counsel for the claimant does not agree. According to him, even on the basis of the above common judgment, there is justification for granting more than Rs.21,60,000/- per Are, as there is a difference of one year between Section 4 (1) notification in the case covered by the common judgment and the present case. According to Mr.Philip J.Vettickattu, as the property in question was situated in the commercial locality of Thiruvananthapuram city, there is every justification for granting 15% more than the rate of Rs.21, 60,000/- per Are. 4. We find some force in the submissions of the learned counsel for the respondent/claimant. Though not at the rate of 15% p.a., there is every justification for granting enhancement at the rate of 12.5% per year over the rate of Rs.21,60,000/- LAA.No.369/2011 3 per Are. Making additions that way, the market value of the land under acquisition will have to be refixed at Rs.24,30,000/- per Are. We allow the appeal and refix the market value of land under acquisition at Rs.24,30,000/- per Are. The respondent/claimant will be entitled for all statutory benefits admissible under Section 23(2), 23 (1A) and Section 28 of the Act on the total refixed compensation. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk