IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 LA.App..No. 217 of 2011() ------------------------- (LAR NO. 9/2007 ON THE FILE OF THE IIND ADDL.SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM) APPELLANT(S): CLAIMANT ---------------------- G.BALAKRISHNAN NAIR, S/O. GOPALA PILLAI, PULIYOOR VEEDU, KADIYAKONAM, RANDAMADA MURI, PEROORKADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695001. 2. THE SPECIAL TAHSILDAR, L.A. P.W.D. (SC), THIRUVANANTHAPURAM-695001. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 217 OF 2011 ------------------------ Dated this the 16th day of March, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimant pertains to acquisition of land in Peroorkada village of Thiruvananthapuram District for the purpose of setting up of expansion programme of composite group and IISU of ISRO. The relevant section 4(1) notification was published on 10/3/2004. The Land Acquisition Officer awarded land value at the rate of Rs.25,858/- per Are. The Reference Court under the impugned judgment on evaluating the evidence which consisted of Exts.A1 to A3, Exts.R1 to R4 and the oral evidence of AW1 would refix the land value at Rs.73740/- per Are. 2. In this appeal there are claims for enhanced land value and enhanced value towards improvements. There is a contention that the appellant's property, which was included by the Land Acquisition Officer in category B, should have been included in a higher category ('A' category). L.A.A.No.217/2011 2 3. Sri.G.L.Mohanchandran, learned counsel would address arguments based on the various grounds. All the arguments of Mr.Mohanchandran were resisted by Smt.Latha T.Thankappan, learned senior Government Pleader. The Government Pleader would however very fairly bring to our notice the judgment of this court in L.A.A. No.411/2010 where the value of properties included in category A was refixed by this court at Rs.5 Lakhs per Are. 4. We have anxiously considered the rival submissions addressed at the Bar. We are not at all impressed by the submission of Mr.Mohanachandran that the property under acquisition should have been included in category A. To substantiate his claim, the claimant adduced only oral evidence. He did not feel like taking out a commission. In the absence of commission report, the court below was justified in relying upon the categorisation made by the Land Acquisition Officer. The appellant's claim for enhanced value towards improvements also cannot be upheld in the absence of an independent evidence. But, we feel that, relying on the judgment in L.A.A. No.411/2010, we can refix the value of the land under acquisition L.A.A.No.217/2011 3 at Rs.2,90,000/- per Are. The land value is accordingly refixed. 5. The appeal is allowed to the above extent only. The appellant will be entitled for statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A.Act on the refixed compensation to which he becomes eligible by virtue of this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk