IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 LA.App..No. 2031 of 2008() -------------------------- LAR.298/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ---------------------- KAMALAKSHI AMMA, W/O.SANKARAN NAMBIAR, SANKARAN KANDY HOUSE, THILANKERI AMSOM, ALAYAD DESOM, THALASERY TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): RESPONDENTS -------------------------- 1. SPECIAL TAHSILDAR, L.A.THALASSERI, P.O.THALASSERI. 2. GENERAL MANAGER, TELECOM, KANNUR. ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R2 GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A .No.2031 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal is filed by the claimants being not satisfied with the enhancement granted by the reference court. The case pertains to acquisition of land within the limits of Thilakeri Panchayat for the purpose of construction of Telephone exchange for BSNL. The relevant Section 4(1) notification was published on 9-6-2000. The land acquisition officer awarded land value at the rate of Rs. 996/- per cent relying on the basis document. Before the reference court, the evidence consisted mainly of Ext.A1 to A3 and the Commissioner's report - Ext.C1. Ext.A1 was in respect of 2.5 cents of land situated near to the acquired property and the same revealed a land value of Rs. 4000/- per cent. Ext.A1 was executed in 1996. Ext.A2 executed in 1991 in respect of 3 cents of land revealed a land value of Rs. 5,000/- per cent. Ext.A3 executed in 1994 again in respect of a small plot revealed a land value of Rs. 6,000/- per cent. The Advocate Commissioner under LAA.No.2031/08 2 Ext.C1 reported that the acquired property was situated in a very important area of the town and that there was not much of a distance between the acquired property and the property covered by Exts.A1 to A3. The reference court however did not become inclined to rely on Exts.A1 to A3 or accept the recommendations of the Commissioner. Ultimately on guess work, the reference court refixed the land value at Rs. 2,500/- per cent. 2. We have heard Sri.K.V.Pavithran, learned counsel for the appellant, Sri.Mathews.K.Philip, learned standing counsel for the BSNL and Sri.Basant Balaji, learned senior Government Pleader. Sri.K.V.Pavithran would submit that the court below went wrong in not relying on Ext.A1 to A3. He submitted that against the original claim which was Rs. 25,000/-, in this appeal the claim is limited to Rs. 5,000/- per cent and alteast so much of amount may be granted towards land value since Rs. 5,000/- is the average of values reflected in Exts.A1 to A3. The submissions of Sri.K.V.Pavithran were opposed by Sri.Basant Balaji who supported the impugned judgment on the reasons stated by the learned Subordinate Judge. LAA.No.2031/08 3 3. Having anxiously considered the rival submissions addressed at the Bar and having made our own re-appreciation of the evidence, we are of the view that the court below went wrong in rejecting Exts.A1 to A3 altogether. Exts.A1 to A3 were in respect of small plots but the properties covered by Exts.A1 to A3 were certainly comparable to the acquired property in view of the location and the relative distance between them . Having regard to the smallness of the plot which could be taken as a minus point, deductions could have been made. According to us, relying on Exts.A1 to A3 themselves, the market value can be reasonably fixed at Rs. 4,250/-. Accordingly, allowing this appeal, we refix the value of the acquired property in this case at Rs. 4,250/- ( Rupees four thousand two hundred and fifty only). The appeal is allowed to the above extent. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the total enhanced compensation which becomes admissible to him by virtue of our refixation of land value at Rs. 4,250/- per cent. In the circumstances, the parties are directed to LAA.No.2031/08 4 suffer their costs in the appeal. Annex a copy of the order passed by this court on the delay petition to this judgment and it will be provided in the decree that during the period condoned under that order, the enhanced compensation to which the appellant becomes eligible by virtue of this judgment will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.2031/08 5