IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 LA.App..No. 197 of 2006(D) -------------------------- LAR.6/1991 of ADDL.SUB COURT,ATTINGAL .................... APPELLANT: CLAIMANTS -------------------- 1. B.KAMALAMMA, KANNANKARA VEEDU, AVANAVANCHERRY VILLAGE, CHIRAYINKEEZHU TALUK. 2. G.VASUDEVAN NAIR, KANNANKARA VEEDU, AVANAVANCHERRY VILLAGE, CHIRAYINKEEZHU TALUK. 3. B.RADHA BAI, KANNANKARA VEEDU, AVANAVANCHERRY VILLAGE, CHIRAYINKEEZHU TALUK. 4. G.RAVEENDRAN NAIR, KANNANKARA VEEDU, AVANAVANCHERRY VILLAGE, CHIRAYINKEEZHU TALUK. 5. B.INDIRA MONY, KANNANKARA VEEDU, AVANAVANCHERY VILLAGE, CHIRAYINKEEZHU TALUK. 6. G.RAVEENDRAN NAIR, KANNANKARA VEEDU, AVANAVANCHERRY VILLAGE, CHIRAYINKEEZHU TALUK. BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANATHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. No.197 of 2006 ---------------------------------------------- Dated 26th June, 2008. J U D G M E N T Harun-Ul-Rashid, J. Claimants are the appellants. This appeal is directed against the judgment and decree dated 15.1.1993 in LAR 6/1991 on the file of the Sub Court, Attingal. The extent of property acquired is 30.36 Ares. The acquisition is for the purpose of Housing Accommodation Scheme sponsored by the Kerala State Housing Board. Section 4(1) notification was published on 14.7.1987. The Land Acquisition Officer awarded compensation at Rs.2,465/- per Are. The reference court awarded additional compensation thus fixing the land value at Rs.3,000/- per Are, as against the claim of Rs.5,000/- per cent. The claimants did not adduce any evidence. On the side of the State, RW1 was examined and Exts.R1 and R2 were marked. The reference court discussed the acceptability and reliability of Ext.R1 basic document relying on the evidence of RW1. The court below held that the value awarded by the Land Acquisition Officer on the basis of Ext.R1 document is fair and reasonable. Granting little enhancement on principles of guess work, the court below refixed LAA NO.197/2006 2 the land value at Rs.3,000/- per Are. 2. The claimants have produced Annexure B judgment in LAR Nos.16/91 and 1/93 on the file of the same court which also relates to acquisition for the same purpose. The reference court in that case had discussed the entire oral and documentary evidence. The claimants in that case produced Exta.A1 to A13 and adduced oral evidence. On the basis of the evidence available on record, the reference court awarded land value at the rate of Rs.11,725/- per Are. The claimants also produced Annexure A judgment in LAA 1022/94 against Annexure B judgment. Annexure A judgment confirms the judgment and decree passed by the reference court. Though there is no evidence to show that the property in Annexure B covered by LAR 1/93 and 16/91 is similar and similarly situated to that of the acquired land, considering the fact that the said properties are also acquired for the very same purpose, we are of the view that the land value fixed by the reference court is too nominal. The reference court ought to have granted a reasonable enhancement taking into consideration the acquisition of other LAA NO.197/2006 3 lands in the vicinity for the very same purpose. In the circumstances, we refix the land value in this case at Rs.4,500/- per Are. The judgment and decree passed by the reference court is accordingly modified. The land value per Are is refixed at Rs.4,500/- per Are. In the result, the appeal is partly allowed. The judgment is modified to the said extent. The appellants are entitled to all statutory benefits, including interest on solatium. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. No.197 of 2006 ---------------------------------------------- J U D G M E N T Dated 26th June, 2008.