IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 LA.App..No. 802 of 2008(A) ------------------------------- LAR.379/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT: ---------------------------------- THE SPECIAL TAHSILDAR (LA) NH II, KOZHIKODE. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS: ---------------------------------- 1. K.V.ARUMUGHAN, KATTILVEETTIL (CHYTHANIA), FLORICAN HILL, MALAPARAMBA. 2. K.V.VELAYUDHAN, NELLIPOYIL (DIED), THADAMPATTU THAZHAM, KARAPARAMBA. 3. K.V.PUSHPA, W/O.VELAYUDHAN, NELLIPOYIL HOUSE, VENGERI AMSOM, NEDUNGOTTUR DESOM 4. K.V.DHAVESH, S/O.VELAYUDHAN, NELLIPOYIL HOUSE, VENGERI AMSOM, NEDUNGOTTUR DESOM 5. K.V.DHANISHA, D/O.VELAYUDHAN, NELLIPOYIL HOUSE, VENGERI AMSOM, NEDUNGOTTUR DESOM ADV. SRI.P.V.KUNHIKRISHNAN FOR R1,3 TO 5 SMT.N.S.REHNA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.802 of 2008 ------------------------------------------------ Dated this the 16th day of July, 2010 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Vengeri village pursuant to Section 4(1) notification published on 27/07/98 for the purpose of construction of Kozhikode byepass. The Land Acquisition Officer awarded land value at the rate of Rs.33,622/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.60,000/- per cent. 2. In the appeal grounds are raised contending that the enhancement granted by the Reference Court is inadequate. Our attention is L. A. A. No.802 of 2008 -2- drawn by the learned Government Pleader to our own judgment in LAA.136/02 which was in respect of acquisition of land in the same village for the same purpose but pursuant to Section 4(1) notification published four years earlier. We notice that under that judgment, we have approved the market value of the land at Rs.30,000/- per cent only. We feel that since the property is situated within the area of Calicut Corporation addition of 15% per year [maximum rate permissible as per the judgment of the Supreme Court in G.M., Oil & Natural Gas Cor. Ltd. v. R. Jivanbhai Patel & Anr. (2008 SAR (Civil) 894) ] can be allowed. Allowing additions in that way, the value of the land under acquisition in this case can be re-fixed at Rs.48,000/- per cent. It is accordingly re-fixed. L. A. A. No.802 of 2008 -3- 3. The appeal will stand allowed to the above extent only. The claimant will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are however, directed to suffer their respective costs in the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-