IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 LA.App..No. 3 of 2009() --------------------------- LAR.34/1989 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): ()CLAIMANT) ---------------------------------- PADMANABHA PILLAI, ATTUKATTAKKALIL VEEDU, PANANGODU, PERINGAMMALA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): RESPONDENTS -------------------------------------- 1. STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, ADDITIONA L.A. UNIT, THIRUVANANTHAPURAM. 2. DIRECTOR, NATONAL RESEARCH CENTRE FOR OIL PALM, PEDAVEGI. R1 GOVT.PLEADER SRI.V.T.K.MOHANAN R2 BY ADV. SRI.C.N.RADHAKRISHNAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 3 of 2009 --------------------------------- Dated this the 1st day of August, 2011 JUDGMENT Pius C.Kuriakose,J. The claimant is the appellant. His property in Palodu Village of Thiruvananthapuram Taluk was acquired for the purposes of C.P.C.R.I. , Palodu. The acquisition was pursuant to section 3(1) notification dated 10.8.1997. The land was included by the Land Acquisition Officer in category B and he awarded value at the rate of Rs.3,001/- per Are. The reference court on evaluating the evidence came to the conclusion that the land was eligible to be included in a superior category viz. Category A. It was mainly on Ext.A1 court award that he appellant relied on in support of his claim for enhancement in land value. The court below did not rely on Ext.A1 on the reason that the requisitioning authority was not a party to the proceedings which culminated in Ext.A1 and also for the reason that the requisitioning authority was thus prevented from challenging Ext.A1 before the High Court or before the Supreme Court. Under Ext.A1 which pertains to LAA.No.3/2009 2 properties in category A acquired for the same purpose pursuant to the same notification the Land Acquisition Officer had awarded Rs.3750/- per Are which was refixed by the reference court at Rs.6500/- per Are. Ultimately the Reference Court would apply rule of thumb and award land value at Rs.4320/- per Are. 2. In this appeal various grounds are raised assailing the award of the Reference Court. Learned Counsel for the appellant would argue that the court below was not justified in ignoring the probative value of Ext.A1. Whether or not the requisitioning authority was a party to Ext.A1, Ext.A1 was a court award which has become final. Ext.A1 learned counsel pointed out was in respect of identical property in the same village acquired for the same purpose. According Mr.T.M.Abdul Latheef even the rate of Rs.6500/- per Are fixed under Ext.A1 is inadequate. 3. No submissions are addressed before us by the learned counsel for the requisitioning authority. Sri.V.T.K.Mohanan, Senior Government Pleader however would support the impugned award. According to him on the evidence which came on record what has been granted is the maximum. 4. Having anxiously considered the rival submissions LAA.No.3/2009 3 addressed at the bar and having reappraisal of the entire evidence on record, we are of the view that Ext.A1 should not have been ignored by the court below. Relying on Ext.A1 we fix the value of land at Rs.6500/- per Are. The appellant will be entitled for all statutory benefits on the total enhanced compensation admissible under section 23(1A), 23(2) and 28 of the Land Acquisition Act. However while decree is prepared and provision is made for interest under section 28 the section will have due regard to the conditions imposed by this court while condoning the delay caused in the matter of representing the appeal. The appeal is allowed as above but no order as to costs. Registry will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.No.3/2009 4