IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 LA.App..No. 1269 of 2005() --------------------------------------- LAR.341/1996 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT/CLAIMANT: ----------------------------------- VALIYADATHIL PRABHAKARAN, ERANHIKKAL P.O., KOZHIKODE. BY ADV. SRI.V.K.BALACHANDRAN, SRI.S.SHYAM. RESPONDENT/RESPONDENT: -------------------------------------------- THE SPECIAL TAHSILDAR (LA), N.H. (NO.I), KOZHIKODE. BY GOVT. PLEADER SMT.LATHA THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- L.A.A.NO.1269 OF 2005 ------------------------------------------ Dated this the 26th November, 2010. JUDGMENT K.M. Joseph, J. An extent of 0.0413 hectares of wet land in Elathur Village belonging to the appellant was acquired for the purpose of Calicut Byepass Road. The Land Acquisition Officer awarded Rs.3,238.87 per cent as compensation. The Reference Court initially fixed the value at Rs.15,000/= per cent. The matter was appealed and it was remanded back. Parties were permitted to adduce evidence. At present, by the impugned judgment, the Reference Court has awarded Rs.6,000/= per cent as compensation. Feeling aggrieved by the same, the appellant is before us. 2. We heard the learned counsel for the appellant and Smt. Latha Thankappan, learned senior Government Pleader. Counsel LAA.NO.1269/2005 2 for the appellant would submit that in respect of garden land covered by the same Notification, this Court has in LAA.No.213/05 fixed the land value at Rs.18,000/= per cent for garden land. He would submit that, that represents enhancement of 291 percent. Learned Senior Government Pleader does not dispute the aforesaid facts. But, she would point out that there is a difference that apart from the fact that the land is a wet land, there is a canal in between the property in this case and the road, while the land in the other case has direct access. 3. Having considered the matter, we feel that, taking into consideration the increase which has been granted by this Court and also giving allowance for the fact which the learned senior Government Pleader projected before us of the land in question in not having direct access, we would think it is fair to fix the market value at Rs.11,250/= per cent. Accordingly, we allow the Appeal and hold that the appellant shall be entitled to market value for the land acquired from him at the rate of Rs.11,250/= (Rupees Eleven LAA.NO.1269/2005 3 Thousand, Two Hundred & Fifty) per cent. The appellant will also be entitled to statutory benefits on the enhanced land value and also proportionate costs. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge