IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 LA.App..No. 347 of 2000(B) -------------------------- LAR.727/1993 of PRINCIPAL SUB COURT, N. PARAVUR .................... APPELLANT(S)/CLAIMANTS: -------------- 1. KURIAN SCHARIA S/O KURIAN PALATHAYYIL, PUTHENPALLY KARA, VARAPUZHA VILLAGE. 2. KURIAN JOSE S/O KURIAN PALATHAYYIL, PUTHENPALLY KARA VARAPUZHA VILLAGE. ADDL. APPELLANTS: 3. P.S.CHARLEY, 55 YEARS COMPANY EMPLOYEE, S/O KURIAN PALATHAYYIL, PUTHENPALLY KARA VARAPUZHA VILLAGE. 4. DR.P.K.KURIAKOSE, 50 YEARS, MEDICAL PRACTITIONER S/O KURIAN SCARIA, DO. DO. DO. 5. P.S. JOSEPH, 45 YEARS, COMPANY EMPLOYEE, S/O KURIAN SCARIA DO. DO. 6. P.S.TOMY, 40 YEARS, COMPANY EMPLOYEE, S/O KURIAN SCARIA DO.DO. 7. CICILY JOSEPH, 53 YEARS, W/O JOSEPH, HOUSE WIFE, D/O KURIAN SCARIA DO. DO. 8. KOCHU THRESIA SEBASTIAN, 45 YEARS, HOUSE WIFE, W/O SEBASTIAN, D/O KURIAN SCARIA 9. ANNIE JOSE, 43 YEARS, W/O JOSE, D/O KURIAN SCARIA, DO. DO. 10. ROSY VARGHESE, 41 YEARS, HOUSE WIFE, W/O VARGHESE, D/O KURIAN SCARIA, DO. DO. 11. LISSY, 35 YEARS D/O KURIAN SCARIA, DO. DO. ADDL. APPELLABNTS 3 TO 11 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 1ST APPELLANT AS PER ORDER DT. 13-11-2007 ON I1. 4102/07 BY ADV. SRI.V.K.ISSAC SRI.BRIDGET THOMAS RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA. 2. PAPPACHAN S/O THOMAS, KOYIKKARA HOUSE, VARAPUZHA , PIN 683 517. SR. GOVT. PLEADER SMT. LATHA T.THANKAPPAN FOR R1. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 347 of 2000 ----------------------------------------------- Dated this the 21st day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. The claimants are in appeal. Their lands in Varapuzha Village was acquired for the purpose of development of the existing National Highway 17. The appellants does not have any grievance regarding the re-fixation of market value by the court below. Their grievance is only that for a total extent of 2.05 Ares, parts of which were considered by the LA Officer as 'thodu', 'road' and 'pathway', the LA Officer awarded only Rs.100/- per Are and the court below did not grant any enhancement. It is argued by Sri.V.K.Issac, learned counsel for the appellants that the paramount title which the appellants were having over the aforementioned 2.05 Ares is conceded by the Government. That being so, proper compensation should have been awarded. He submitted that the 'thodu' was a private 'thodu' constructed LAA. 347/00 -2- by the appellants themselves for irrigating their coconut grove which was acquired. Same was the position regarding road which was exclusively a private road though it is true that members of the public were also occasionally walking through the road and pathway. 2. Even though the submissions of Mr.Issac were resisted by Smt.Latha T.Thankappan, learned senior Govt. Pleader, we find merit in the submission of Mr.Issac. If the Government had a case that the properties do not belong to the appellants it was absolutely unnecessary for the Government to have initiated proceedings under the L.A. Act for acquiring the property. Thus the Government initiated L.A. proceedings conceding the appellants' title. At the same time, we are not inclined to grant so much of rate as was granted to the remainder portion of the appellants' properties which were acquired. We feel that it is reasonable to fix the market value at Rs.8500/- per Are for LAA. 347/00 -3- the aforementioned 2.05 Ares. We re-fix the value of the aforementioned 2.05 Ares, for which only Rs.100/- per Are was granted by the LAO at Rs.8500/- per Are. Appeal is allowed as above. Appellants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/- LAA. 347/00 -4- PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. LAA. No. 347 of 2000 J U D G M E N T 21st July, 2010