IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 LA.App..No. 1248 of 2009(B) -------------------------------- LAR.14/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S)/CLAIMANTS: ------------------------------- 1. VIJAYAN PILLAI, S/O KUTTAN PILLAI AND THANKAMANI, PALAPPALLI MADOM, PERINGALA, KAYAMKULAM. 2. THANKAMANI OF -DO- -DO- 3. VIJITH, AGED 20 YEARS, S/O VIJAYAN PILLAI, -DO- -DO- 4. VINEETHA, D/O VIJAYAN PILLAI, -DO- -DO- BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA 2. SOUTHERN RAILWAY, ERNAKULAM GOVT. PLEADER SMT.T.T.JOSEPHINA SRI.N.B.SUNILNATH, SC, RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1248 of 2009 ------------------------------------------------ Dated this the 24th day of June, 2011 JUDGMENT Pius C. Kuriakose, J Service is completed and there is no appearance for the Requisitioning Authority. 2. The property was in Kayamkulam village within the area of Kayamkulam Municipality. The acquisition was pursuant to Section 4(1) notification published on 06/12/04. The Land Acquisition Officer awarded land value at the rate of ` 44,145/- per Are. The Reference Court re-fixed the land value at ` 65,000/- per Are. In this appeal, the appellants claim re-fixation of land value at the rate of ` 90,000/- per Are. 3. We have heard the submissions of Sri.C.Rasheed Noornad, the counsel for the appellants and L. A. A. No.1248 of 2009 -2- Smt.T.T.Josephina, the learned Government Pleader. Our attention is drawn by Sri.Rasheed to the judgment of this Court in L.A.A.61/10. He placed before us a copy of the above judgment. We have gone through the above judgment. It is seen that under that judgment in an acquisition one year subsequent to the present acquisition, the value of land in Mavelikkara Municipal town has been re- fixed at ` 95,000/- per Are. Sri.Rasheed requested that proportionate increase be given based on that judgment in this case also. According to him, when proportionate increase is given the market value will have to be re-fixed at ` 80,000/- per Are. We are not inclined to accept the above submission of Sri. Rasheed. Firstly the land value in Kayamkulam town and Mavelikkara town will not be the same. Secondly we find from the impugned judgment that the properties under acquisition was situated in a commercially unimportant area of Kayamkulam Municipality. L. A. A. No.1248 of 2009 -3- We are not inclined to grant proportionate increase based on Ext.A1. At the same time, we feel that the market value re- fixed by the Reference Court is inadequate. Keeping in mind the evidence available in the case and to a certain extent Ext.A1 though which is in respect of Mavelikkara, a nearby town, we re-fix the land value at ` 72,500/- per Are. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1248 of 2009 -4-