IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 LA.App..No. 407 of 2010() ------------------------------- LAR.12/2006 of SUB COURT, NEDUMANGAD .................... APPELLANT(S): RESPONDENT 1 & 2 IN LAR --------------------------------------------------- 1. STATE OF KERALA 2. THE EXECUTIVE ENGINEER, K.S.T.P., PULAMON, KOTTARAKKARA. BY GOVERNMENT PLEADER SRI. C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANT IN LAR ------------------------------------------ RATNANGI, W/O. CHITHRA BHANU, SUGUNA BHAVAN, KOLIYAKKODE. R1 BY ADV. SRI.S.A. SAJU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A.No.407 of 2010 ------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Having considered the submissions addressed by Mr.C.R.Syamkumar, learned Government Pleader and Mr.S.A.Saju, learned counsel for claimant/respondent, we are of the view that there is warrant for interference with the impugned judgment of the reference court. The property was in Koliyakkode village and there was a building on the same. The acquisition was pursuant to Section 4(1) notification published on 20.11.2002. The Land Acquisition Officer awarded land value at the rate of Rs.18,509/- per Are. Towards value of building the Land Acquisition Officer awarded a total amount of Rs.63,076/-. Before the reference court the evidence consisted of Ext.A1 sale deed and Ext.P1 to P5 documents apart from Ext.X1 Award of the Land Acquisition Officer in another land acquisition case. The oral evidence was that of claimants only. Learned Subordinate Judge on appreciation of the evidence would refix the value of land at Rs.26,500/- per Are and would refix the building value at Rs.2 lakhs. 2. Having gone through the impugned judgment and the LAA.407/2010 -2- submissions addressed at bar we are of the view that appreciation of evidence by the learned Subordinate Judge was quite improper. We notice the judgment of this court in LAA.854/2009 wherein the value of identical land acquired for the same purpose pursuant to two years later has been refixed at Rs.55,525/- per Are. We do not find any reason for awarding higher rate for this similar cases. We are surprised to find that the learned Subordinate Judge has refixed the building value in the present case without any legal evidence to support the same. We are inclined to interfere with the building value refixed by the reference court. 3. Result of the above discussions is as follows:- The land value under acquisition is refixed at Rs.55,525/- per Are. Enhanced building value is refixed at Rs.50,000/-. The claimant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the total refixed compensation. Appeal is allowed. Parties are however directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb