IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 LA.App..No. 487 of 2006() ------------------------- LAR.36/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/CLAIMANT ---------------------- RAGHAVAN PANKAJAKSHAN, VIJAYA MANDIRAM, PERUMAN, PANAYAM, KOLLAM. BY ADV. SRI.M.R.SASITH SRI.A.RASHID SRI.MATHEW SUNNY SRI.PRADEEP JOY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY G.P. SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... L.A. Appeal No.487 of 2006 .................................................................... Dated this the 27th day of October, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Government Pleader for the respondent. An extent of 10.9 Ares of property belonging to the appellant was acquired vide notification dated 13.5.1991. Even though the Land Acquisition Officer fixed the compensation amount at Rs.8,581/- per Are, the L.A. Reference Court increased it to Rs.19,760/- per Are. Dissatisfied with this award, the appellant has come up before this court. 2. Counsel has relied on judgment in L.A.R. No.80/1997 passed by the same Judge granting compensation at Rs.24,700/- per Are for the property acquired along with the appellant's property vide same Notification. Government Pleader rightly pointed out that unless the property is of the same type and similarly located, appellant cannot ask for same compensation. Further, the rough sketch produced by counsel for the appellant before us shows that atleast part of the property 2 covered by L.A.R. No.80/1997 has PWD road frontage. Appellant's property, though located little distant from the property covered by the above award, we find the same is also located closely and not far from the PWD road. In the circumstances, we feel instead of remanding the matter, appeal can be allowed in part by enhancing the compensation by Rs.2,000/- per Are. In other words, as against Rs.19,760/- per Are fixed by the L.A.R. Court, compensation will stand refixed at Rs.21,760/- per Are with consequential benefits in interest and solatium. Appeal is allowed to the extent indicated above. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms