IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 LA.App..No. 49 of 2001(B) ------------------------- LAR.17/1998 of SUB COURT, THIRUVALLA .................... APPELLANT(S)/CLAMANTS A TO D: --------------------------- 1. KURIAKOSE ALIAS JOSEMON, KAILATHU HOUSE, THRIKKODITHANAM, CHANGANACHERRY. 2. ALEYAMMA ALIAS KUMARI OF DO. 3. K.M.SEBASTIAN OF DO. DO. 4. JOHNSON K.MATHEW OF DO. DO. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S)/RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY GOVT.PLEADER SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.49 OF 2001 ------------------------ Dated this the 24th day of March, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal is filed by the claimants being aggrieved by the judgment and decree of the land acquisition reference court. The acquisition was for the establishment of an industries Growth Centre for the Industries Department. The relevant Section 4(1) notification was on 18/6/1994. The land acquisition officer granted land value at the rate of Rs.3,458/- per Are corresponding to Rs.1,400/- per cent. Before the reference court the claimants produced Exts.A1 to A7 documents and examined AWs 1 to 3 witnesses. On the side of the Government evidence consisted of Exts.B1 to B5 and the testimony of RW1 and RW2. The learned Sub Judge did not become inclined to rely on all the documents produced by the claimants to support their claim for enhanced land value. The Subordinate Judge relied on Ext. B2 basis document itself and refixed the land value at Rs.2500/- per cent. 2. We have heard the submissions of Sri.T.R.Harikumar, .L.A.A.No. 49/2001 2 learned counsel for the appellants and those of Sri.P.K.Babu, learned senior Government pleader for the respondent. 3. Sri.T.R.Harikumar would submit that the court below should have relied on Ext.A6 or A7. We are not inclined to accept the argument of Sri.Harikumar that Ext.A6 document should have been accepted since Ext.A6 is obviously a post notification document. But, according to us, there is some merit in the submission that Ext.A7 should not have been ignored by the court below. Ext.A7 is a document relating to 27 cents of land situated not far away from the acquired property. Ext.A7 is pre notification document. Ext.A7 reveals a centage value of Rs.7,000/- per cent. Ext.A7 certainly is property having frontage of PWD road unlike the acquired property which was having frontage of only a Panchayat Road. But, in terms of distance between main junction , Ext.P7 and acquired properties are similarly situated. 4. We are of the view that, having regard to the totality of the evidence which came on record, the correct market value of the acquired property at the relevant time can be fixed relying on both Exts.B2 and A7 at Rs.3,400/- per cent. This means that .L.A.A.No. 49/2001 3 the appellants will be entitled for a further amount of Rs.900/- per cent as compensation over and above the enhancement granted by the reference court under the impugned judgment. The appeal will stand allowed to the above extent. It is needless to mention that the appellants will be entitled for all statutory benefits such as solatium under Section 23(2), additional amount under Section 23(1A) and statutory interest under Section 28 of the Land acquisition Act. It is clarified that the appellants will be entitled for interest under Section 28 on the total compensation which takes in solatium and additional amounts under Section 23 (1A). The appeal will stand allowed. In the circumstances the parties will suffer their costs in the appeal. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk .L.A.A.No. 49/2001 4 PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.49 OF 2001 ------------------------ JUDGMENT 24TH MARCH 2009