IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929 LA.App..No. 338 of 2001() ------------------------- LAR.33/1998 of SUB COURT, PALA .................... APPELLANT: ----------- 1.KURIAN, POOVANANICKAL HOUSE, MONIPPALLY. 2.MOLLY, D/O.KURIAN, POOVANANICKAL HOUSE, MONIPPALLY. BY ADV. SRI.AMJITH C. JOHN SRI.RAJAN JOSEPH SRI.KOSHY GEORGE RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE DIST.COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2007, ALONG WITH LAA 339/01, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A. Nos.338 & 339 OF 2001 ---------------------------------------------- Dated 7th September, 2007. J U D G M E N T Kurian Joseph, J. These appeals are filed by the claimants for enhancement of compensation in respect of the property acquired for the Moovattupuzha Valley Irrigation Project. In L.A.R.33/98, subject matter of L.A.A.338/01, the reference court has entered a finding that the property acquired in that case is similar to that of the property covered by Ext.A4 judgment in L.A.R.105/96. In that case, the enhancement granted is Rs.3,095/- per Are, over and above the value awarded by the Land Acquisition Officer. However, while granting the relief, the enhancement is limited only to Rs.1,800/- per Are. Apparently, this is a mistake. That apart, in several similar cases, it is brought to our notice that this Court has sustained enhancement to 60%. Therefore, we allow the appeal, L.A.A.338/01 declaring that the claimants shall be entitled to enhancement to the tune of Rs.3,095/- per Are over the value awarded by the Land Acquisition Officer, and the consequential statutory benefits. 2. The property covered by L.A.R.24/98 is adjacent to LAA Nos.338 & 339/01 2 the property covered by L.A.R.33/98. On the same principles as stated in L.A.A.338/01, we hold that the appellant in L.A.A.339/01 will also be entitled to the land value as is given to the appellants in L.A.A.338/01 along with the consequential statutory benefits. No costs. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos.338 & 339 OF 2001 ---------------------------------------------- J U D G M E N T Dated 7th September, 2007.