IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 LA.App..No. 849 of 2005() ------------------------- LAR.49/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: CLAIMANT ------------------- R.JAMEELA BEEVI, POONTHOTTATHIL PUTHEN VEEDU, VELLAR, KOVALAM P.O. BY ADV. SRI.M.R.ANANDAKUTTAN SRI.B.SATHIQ SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.849 of 2005 ---------------------------------------------- Dated 3rd January, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.1133/05 : Delay condoned. This appeal is directed against the decree and judgment in LAR 49/98 on the file of the II Additional Sub Court, Thiruvananthapuram. An extent of 11.65 Ares of land belonging to the appellant was acquired for Kazhakkoottam-Kovalam bye pass. The property is situated in Venganoor village. The Land Acquisition Officer fixed the land value at Rs.19,730/- per Are. It was contended by the claimant before the reference court that her property is similar to that of Ext.A1 property, and hence claimed enhancement. There was also a claim regarding value of improvements. The third contention is regarding deposit of granite. As far as the value of improvements is concerned, the reference court repelled the contention on the ground that the claimant did not have such a case before the Land Acquisition Officer. But it is seen from the claim statement filed before the reference court that the claimant had made such a claim. Even if no claim is made before the Land Acquisition Officer, it is now LAA NO.849/05 2 settled law that the claimant need make the claim only before the reference court. As far as Ext.A1 property is concerned, the reference court has observed that apart from producing the document, no attempt was made to establish the similarity and comparability of Ext.A1 property with the acquired property. It was also found by the reference court that Ext.A1 itself comprises of two sets of valuations, one plot for Rs.75,000/- per cent and the other plot for Rs.25,000/- per cent. Still further, it was noted that there was no evidence regarding the deposit of granite. The reference court has however taken note of the locational advantage and granted enhancement to the tune of 40% over the land value fixed by the Land Acquisition Officer, by fixing the land value at Rs.27,622/- per Are. Learned counsel for the appellant contends that even if the lowest value granted to the property covered by Ext.A1 is taken, it is Rs.25,000/- per cent. Since the claim for value of improvements has not been considered by the reference court and since the appellant prays for a fresh opportunity to establish the similarity and comparability of the acquired property with that part of Ext.A1 property for which land value at the rate of Rs.25,000/- per cent was granted, we are of LAA NO.849/05 3 the view that it is only in the interests of justice that such an opportunity is given. We also note that the appellant has limited the total claim to Rs.10 lakhs for valuation in this appeal. Accordingly, we set aside the judgment and decree under appeal and remit the matter to the reference court for fresh consideration of the two contentions referred to above, one regarding value of improvements and the other regarding similarity and comparability of the acquired property with that part of Ext.A1 property for which land value at the rate of Rs.25,000/- per cent was granted. The parties shall appear before the reference court on 11.2.2008. The reference shall be answered within another two months. In view of the remand as above, the appellant shall be entitled to refund of the court fee. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs LAA NO.849/05 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO.849 OF 2005 ---------------------------------------------- J U D G M E N T Dated 3rd January, 2008.