IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 LA.App..No. 1133 of 2010() -------------------------- LAR.427/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT: ----------------------------------------- ANTONY,S/O.MERSILY, VARIATH HOUSE,CHERANELLOOR PO, KOCHI-34,ERNAKULAM DISTRICT. BY ADVS. SRI.A.A.ABUL HASSAN, SRI.P.K.SAJEEVAN. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY SPECIAL TAHSILDAR(LA),ICTT,VALLARPADAM,ELOOR,ERNAKULAM DISTRICT,PIN 683 501. 2. THE CHAIRMAN,COCHIN PORT TRUST, W.ISLAND,PIN 682 003. R1 BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA R2 BY ADVS.SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2011 ALONG WITH LAA NO.1196 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NOs. 1133 & 1196 OF 2010 = = = = = = = = = = = = = = = = Dated this the 17th day of March, 2011. J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. Their lands in Cheranalloor Village were acquired pursuant to S.4(1) notification published on 26.10.05 for the purpose of road connectivity to ICTT at Vallarpadam. The lands were garden lands and they were included in category No.7, lands with Panchayath road frontage. The Land Acquisition Officer awarded a value at the rate of Rs.1,39,410/- per Are. Before the Reference Court appellants in both the cases had claimed enhancement in land value. In LAA 1133/10 there is claim for compensation for injurious affection also. It was mainly on the outright L.A.A. NOs. 1133 & 1196 OF 2010 -:2:- sale deed entered into between the requisitioning authority and another owner adopting DLPC rates that the parties relied on in support of their claim for enhanced land value. Under this sale deed, the value reflected was Rs.3,72,865/- per Ares. The Court below did not become inclined to award the same value to the appellants. According to the Court below the appellants are entitled for only 50% of the value reflected in the sale deed(Ext.A3) and the Court below accordingly refixed the land value at Rs.1,86,432/- per Are. In LAR 427/08 corresponding to L.A.A.1133/10 the Court below upheld the compensation claimed for injurious affection and awarded 30% of the refixed market value as stated above. 2. We have heard the submissions of Sri.A.A.Abdul Hassan, learned counsel for the L.A.A. NOs. 1133 & 1196 OF 2010 -:3:- appellant and Smt.T.T.Josephina, learned Government Pleader. For Sri.Abdul Hassan's argument that the Court below went wrong in not adopting the value reflected in Ext.A3, Smt.Josephina would submit that DLPC rates are only for those parties who were ready to enter into an outright sale transaction with the requisitioning authority. Such higher rates are given as an incentive for parties who are willing to receive the amount in full and final settlement without going to the Reference court for refixation. 3. One of the arguments of Mr.Hassan was that if this court is refixing the land value, the same should reflect at the total compensation which the appellant is entitled to in L.A.A.1135/10 towards injurious affection. As regards compensation for injurious affection, L.A.A. NOs. 1133 & 1196 OF 2010 -:4:- this argument was opposed by Government urging that there is no claim for enhancement in compensation for injurious affection at all. 4. We find merit in the argument of the learned Government Pleader Smt.Josephina. The question that arises for consideration is as to what is the correct market value of the property to be determined. According to us the learned Subordinate Judge should have awarded to the appellant at the rate of 70% of the market value reflected in Ext.A3 to both the appellants. After all the properties were same and this Court has been consistently taking a view that correct market value will be at least 70% of the value reflected in DLPC documents. 5. In that view of the matter we allow the appeals. We refix the market value of the land at Rs.2,61,005/- per Are. Total compensation L.A.A. NOs. 1133 & 1196 OF 2010 -:5:- will be refixed on the basis of the total refixed market value. The appellants will get all statutory benefits admissible Sections 23 (2), 23(1A) and S.28 of Land Acquisition Act. The refixation of the land value by this Court will not have any effect on the total amount to which the appellant in L.A.A.1133/10 is entitled towards the compensation for injurious affection. Both the appeals are allowed as above however with no order as to costs. PIUS C. KURIAKOSE,JUDGE. N.K. BALAKRISHNAN,JUDGE. ul/-