IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 LA.App..No. 243 of 2008() ------------------------------------ LAR.99/2004 OF SUB COURT, MUVATTUPUZHA .................... APPELLANT/CLAIMANT: ----------------------------------- SARALA PAULOSE, CHETTIYATTU, MATTAKUZHI. BY ADV. SRI.T.A.SHAJI, SRI.K.C.PAULOSE. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030. 2. THE LEGAL OFFICER (SECRETARIAL), KOCHI REFINERIES LTD., KUNDANNOOR, MARADU. R1 BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN. R2 BY ADV. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2011, ALONG WITH LAA NO. 1606 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.243, 1606, 1608, 1648, 1927, 2012, 2105 and 2347 of 2008 ---------------------------------------------------- Dated this the 27th day of May, 2011 Judgment Pius C.Kuriakose, J. All these appeals by the claimants pertain to acquisition of land in Thiruvaniyoor Village for the purposes of the Kochi Refineries Limited. These acquisitions were pursuant to Section 4 (1) notification published on 4.11.2000. In all these cases, the Land Acquisition Officer awarded land value at Rs.34,800/- per Are. The reference court under the impugned judgment refixed the land value at Rs.45,818/- per Are. Smt.Latha T.Thankappan, Senior Government Pleader would fairly submit before us that this court has already refixed the value of identical lands acquired for the same purpose at Rs.50,000/- per Are. She also submitted that the judgment of this court refixing the land value at Rs.50,000/- per Are has attained finality. Under the above circumstances, we allow all these appeals and refix the land value at Rs.50,000/- per Are. 2. In LAA No.1606/08, we award to the appellant a further LAA 243/08 etc. 2 amount of Rs.1,07,069.50 as additional compensation for the building which existed on that property. We notice that there was not much acceptable evidence for granting building value. However, on the principle that construction of buildings as per P.W.D. schedule rate is not a pragmatic proposition, we award the above amount also to the appellant. Adopting the same principle, we allow a further sum of Rs.72,948.50 to the appellant in LAA No.1648/08 as additional compensation for the building. In LAA No.2105/08, we allow a further sum of Rs.94,488/- to the appellant as additional compensation for the building. For the same reason, in LAA No.2347/08 also we allow the appellant a further sum of Rs.18,490/- as additional compensation (the amount claimed by the appellant). The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. However, interest under Section 28 will not be admissible for the enhanced compensation which is awarded to the appellants during the period of delay condoned by this court in LAA Nos.1606/08, 1648/08, 2105/08 and 2347/08. LAA 243/08 etc. 3 The appeals are allowed as above. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 243/08 etc. 4