IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 LA.App..No. 169 of 2003() ------------------------- LAR.213/1987 of SUB COURT, PAYYANNUR .................... APPELLANT: CLAIMANTS -------------------- 1. MULLAKKETTIL ASHRAF, S/O.KASIM, MULLAKKETTIL, ETTIKULAM P.O., RAMANTHALI VILLAGE, TALIPARAMBA TALUK. 2. KANDATHIL KASIM, ETTIKULAM P.O., RAMANTHALI VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT: RESPONDENTS ------------------------ THE SPECIAL TAHSILDAR, LAND ACQUISITION, KANNUR DISTRICT. BY GOVT. PLEADER SMT. K.R. DEEPA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON 15/01/2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ---------------------------------------------------------------- L.A.A. 169 NO. OF 2003 ---------------------------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal is filed by the claimants in L.A.R. No.213 of 1987 on the file of the Sub Court, Payyannur against the judgment and decree dated 31.3.2000. The property, an extent of 1.7040 hectares of land in R.S. No.312/12 of Ramanthali Village in Thaliparamba Taluk, was acquired for the establishment of Naval Academy at Ezhimala. Section 3 (1) notification under the Land Acquisition Act was published on 22.2.1983. The Land Acquisition Officer fixed land value of the acquired land at the rate of Rs.1,15,200/- per hectare (Rs.466/- per cent). In support of the claim for enhanced compensation, Pws.1 to 3 were examined and Exts.A1 to A3 were marked on the side of the claimants. On the side of the defence, Exts.B1 to B8 were marked. Exts.C1 to C4 were marked as court exhibits. The court below, after appreciating the evidence, concluded that the land value awarded by the Land Acquisition Officer was highly inadequate. The court below, after considering the importance L.A.A.NO.169/2003 2 of the acquired land, its proximity to several important institutions and on comparing the land value awarded for the properties covered by Exts.B2 to B7 found that the appellants/claimants were entitled to get land value at the rate of Rs.2,00,000/- per hectare which is equivalent to Rs.809.75 per cent. The court below also held that the claimants are not entitled to any additional amount towards value of improvements and for the structures in the acquired property. 2. Learned counsel appearing for the appellants/claimants contended before us that the prevailing land value at the time of Section 3 (1) notification was Rs.2000/- per cent. It was further contended that the acquired land is more valuable than the property covered in L.A.R. No.125 of 1987 on the file of the same court wherein the court below had awarded Rs.2000/- per cent. The judgment in L.A.R. No.125 of 1987 was produced as Ext.A6 before the court below. It is seen from paragraphs 3(a) and (b) of Ext.C4 commission report that the Commissioner had compared the acquired land with the property covered by Ext.A6. In paragraph 3(b) of the report it is stated that the acquired land is situated about 60 metres away on the western side of Payyannur-Ettikulam road and has similarity in several features with the land covered by Ext.A6 with the added advantage of being on a higher level than the property in Ext.A6. L.A.A.NO.169/2003 3 It is also reported that access to public road from the acquired land is easier than from the property covered by Ext.A6. The Commissioner also reported that for the property covered in L.A.R. No.132 of 1987 (L.A.A. No.307 of 1988) this Court awarded land value at the rate of Rs.2000/- per cent and that the acquired land is more or less similar to the property in L.A.R. No.132 of 1987. 3. We have noticed the fact that for the property covered by Ext.A6, the Land Acquisition Officer had awarded land value at the rate of Rs.1,19,000/- and odd per hectare whereas for the acquired land, land value was fixed at Rs.1,15,200/- per hectare. There is a difference of only Rs.38/- per cent. Taking note of all these facts and circumstances, we are of the view that Rs.1100/- per cent is a just and reasonable land value. We, therefore, refix the land value at the rate of Rs.1100/- per cent. The land value shall be worked out at the enhanced rate for the entire extent and the amount awarded for the portion of the property determined as standing space for bearing trees shall be deducted. In the result, the appeal is partly allowed. The judgment and decree are modified refixing the land value at the rate of Rs.1100/- per cent. The appellants/claimants are entitled to realise the amount after duly adjusting L.A.A.NO.169/2003 4 the amounts already received. The appellants are also entitled to interest on solatium and all other eligible statutory benefits. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.169/2003 5 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A.NO169/2003 JUDGMENT 15TH JANUARY, 2008 L.A.A.NO.169/2003 6