IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JUNE 2007 / 17TH JYAISHTA 1929 LA.App..No. 274 of 2003() ------------------------- LAR.283/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENTS ---------------------- STATE OF KERALA BY ADDL.ADVOCATE GENERAL & GOVERNMENT PLEADER SHRI K.V.MANOJ RESPONDENTS: CLAIMANT --------------------- P.K.RAJENDRAN S/O. SANTHAKUMARI AMMA, KIZHAKKEPURATH HOUSE, NELLIKODE, KOZHIKODE. BY ADV. SRI.THOMAS ANTONY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 7/6/2007 THE COURT ON 07/06/2007 DELIVERED THE FOLLOWING: Kurian Joseph & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A..NO. 274 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June, 2007 JUDGMENT Kurian Joseph, J. This appeal is filed against the judgment and decree in L.A.R. No.283/2000 on the file of the Sub Court, Kozhikode. The reference court compared the acquired property with Ext.A1 property and fixed market value at the rate of Rs.30,000/- per cent along with statutory benefits. The value in Ext.A1 as such was not followed since the same had direct road access. However, the Reference court found that the acquired land is having a bye line from T.P. Kumaran Nair road. It was also found that the acquired land is only around 4 kms. from the city. In several cases for acquisition for Calicut Bye Pass, this court has held that the land value in the area is between Rs.35,000/- to Rs.60,000/- (See judgments in L.A.A.Nos.128/2002 and 774/2006). Therefore, we are of the view that the land value fixed is just, proper and reasonable. The land was taken possession on 21.1.2000 and the date of award is 31.1.2000. However, Section 23(1A) benefit is granted till the date of award which is not correct. The earlier date being date of taking possession, LAA 274/2003 -2- we hold that additional compensation under Section 23 (1A) is to be given only upto 21.1.2000. The decree and judgment with regard to additional compensation will stand modified accordingly. The appeal is partly allowed as above. (Kurian Joseph, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ LAA 274/2003 -3- Kurian Joseph & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A..NO. 274 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 7th day of June, 2007