IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 LA.App..No. 1084 of 2009 (A) --------------------------------- LAR.28/2002 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S)/CLAIMANTS: ------------------------------- 1. P.P. MOHANAN, S/O. BHASKARAN, RESIDING AT PANAKKUNNU PARAMBATH, VENGERI AMSOM DESOM OF KOZHIKODE TALUK. 2. P.P. SOBHANA, D/O. BHASKARAN, RESIDING AT PANAKKUNNU PARAMBATH, VENGERI AMSOM DESOM OF KOZHIKODE TALUK. 3. P.P.SUGATHA , D/O. BHASKARAN, RESIDING AT PANAKKUNNU PARAMBATH, VENGERI AMSOM DESOM OF KOZHIKODE TALUK 4. P.P. RAJAN, S/O. BHASKARAN, RESIDING AT PANAKKUNNU PARAMBATH, VENGERI AMSOM DESOM OF KOZHIKODE TALUK 5. P.P. KAMALA, W/O. BHASKARAN, RESIDING AT PANAKKUNNU PARAMBATH, VENGERI AMSOM DESOM OF KOZHIKODE TALUK. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. THE SPECIAL TAHSILDAR (LA), CIVIL STATION, KOZHIKODE. LAA.1084/09 -2- 2. THE SECRETARY, KOZHIKODE CORPORATION, CORPORATION BUILDING, BEACH ROAD, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1084 of 2009 ------------------------------------------------ Dated this the 28th day of May, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. Their properties in Vengeri village in Kozhikode taluk was acquired pursuant to Section 4(1) notification published on 02/07/97 for the purpose of road widening. The Land Acquisition Officer awarded land value at Rs.3,400/- per cent. The Reference Court relying mainly on Ext.A2 judgment, re-fixed land value at Rs.25,000/- per cent. It is not disputed that Ext.A2 has attained finality. It is conceded by the learned Government Pleader that for acquisition of land in the same village pursuant to notification in L. A. A. No.1084 of 2009 -2- 1993 for the purpose of Calicut Bye-pass, rate of Rs.25,000/- per cent has been approved by this Court in several cases. In the present appeal, the appellants have limited their claim to a total amount of Rs.50,000/- for property having extent of more than eight cents. 2. Having heard the submissions of Sri.P.A.Harish, the learned counsel for the appellant, Sri.K.D.Babu, the learned Standing Counsel for the Requisitioning Authority and those of Government Pleader, we feel that based on Ext.A2 itself, the appellant can be granted enhancement by at least Rs.6,000/- per cent. Ext.A2 was pursuant to notification of 1993. The present acquisition is four years thereafter. For L. A. A. No.1084 of 2009 -3- the properties situated in Calicut, we feel that additions can be granted normally at 12.5% per annum. At any rate, according to us, there is every justification for re-fixing market value of the lands under acquisition at Rs.31,000/- per cent. We, accordingly, re-fix the land value at Rs.31,000/- per cent, thus awarding to the appellants enhanced value at Rs.6,000/- per cent over and above what has been awarded in the impugned judgment. The appeal is allowed as above. The appellants will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which the appellants become L. A. A. No.1084 of 2009 -4- eligible by virtue of this judgment. Parties are however, directed to suffer their respective costs in the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-