IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 LA.App..No. 89 of 2009() ------------------------ LAR.126/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANTS/ RESPONDENTS ------------------------- 1. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KOZHIKODE. 2. THE SPECIAL TAHSILDAR (LA), NH-1, KOZHIKODE. BY GOVERNMENT PLEADER, SMT.LATHA T.THANKAPPAN RESPONDENTS/ CLAIMANTS ------------------------ 1. RUKHIYA JIFRI, W/O. SAIDU HUSSAIN HAJI JIFRI THANGAL, P.P. HOUSE, KATTUNGAL, MUNDU PARAMBA, MALAPPURAM. 2. MALIYEKKAL SAIDU HUSSAIN HAJI JIFRI THANGAL, KALLUNGAL, PUTHIYA PURAYIL, KUTTICHIRA. ADV. SRI.P.VIJAYA BHANU FOR R1 SRI.P.VENUGOPAL (1086/92) FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------ L.A.A. No.89 OF 2009 ------------------------------ Dated this, the 16th day of February, 2010 J U D G M E N T ~~~~~~~~~~~ Pius C. Kuriakose, J. Under challenge in this appeal preferred by the Government is the award of the Land Acquisition Reference Court, Kozhikode. The acquisition was for the purpose of widening of the road at Chungam, pursuant to Section 4(1) notification dated 25.11.1997. The Land Acquisition Officer awarded land value at the rate of Rs.15,766/- per cent. Before the reference court, the important items of evidence were Ext.C1 Commission Report and Ext.A1. Ext.A1 was a pre- notification document in the said property of Kachery amsom, desom, obviously slightly more important area than the property under acquisition. Under Ext.A1, the value given was Rs.60,000/- per cent. The Commissioner recommended that Rs.50,000/- to Rs.60,000/- can be fixed as the market value of the property. The Court found under the impugned judgment that the Commissioner's recommendation is exorbitant. The court further found that the said A1 document cannot be relied on, because the Commissioner was L.A.A.No.89/2009 - 2 - not asked to inspect A1 property and make a comparison of the same with the property under acquisition. Nevertheless, the court ultimately refixed the land value at Rs.50,000/-. 2. Having considered the submissions of Smt. Latha T.Thankappan, learned senior Government Pleader for the appellants, and those of Mr.Venugopal, learned counsel for the respondent, who put up a very strong defence of the impugned judgment, we feel that the impugned judgment warrants interference though very slightly. On a better assessment of the market value, we refix the market value of land under acquisition at Rs.45,000/- per cent. The appeal is allowed to that extent. Needless to mention that the respondent will be entitled for all statutory benefits under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. (PIUS C. KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ps