IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 LA.App..No. 1481 of 2009() -------------------------- LAR.171/1997 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): -------------- 1. ROSA,W/O.LATE OUSEPH (ADDL.B CLAIMANT), PADINJARE PALLIPARAMBIL,NATHIYATTUKUNNAM. 2. JOHNY, S/O.LATE OUSEPH (ADDL.C CLAIMANT) PADINJARE PALLIPARAMBIL, NATHIYATTUKUNNAM. BY ADV. L.ALOYSIUS THOMAS SRI.G.PRABHAKARAN SRI.T.P.SAJAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. AUGUSTINE, S/O.LATE OUSEPH, (ADDL.D CLAIMANT),PADINJARE PALLIPARAMBIL, NANTHIYATTUKUNNAM. 3. RAPHEL, S/O.LATE OUSEPH (ADDL.E CLAIMANT PADINJARE PALLIPARAMBIL, NANTHIYATTUKUNNAM. 4. ELIYAKUTTY,S/O.LATE OUSEPH, (ADDL.F CLAIMANT), PADINJARE PALLIPARAMBIL, NANTHIYATTUKUNNAM. 5. MARY, S/O.LATE OUSEPH (ADDL.G CLAIMANT), PADINJARE PALLIPARAMBIL, NANTHIYATTUKUNNAM. 6. THRESSIAMMA, D/O.LATE OUSEPH, (ADDL.H CLAIMANT), PADINJARE PALLIPARAMBIL, NANTHIYATTUKUNNAM. LAA.1481/09 2 7. PHILOMINA, D/O.LATE OUSEPH, (ADDL.I CLAIMANT), PADINJARE PALLIPARAMBIL, NANTHIYATTUKUNNAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2009, ALONG WITH LAA NO. 1483 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. Nos.1481 & 1483 of 2009 A ``````````````````````````````````````````````````````` Dated this the 15th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. Acquisition was for the purpose of construction of National Highway. Relevant Section 4(1) notification was published on 22-12-1992. The properties were in Paravur village within the area of North Paravur Municipal Town. The Land Acquisition Officer included the property in Category III for the properties having frontage of municipal roads and awarded land value at the rate of Rs.22,494/- per Are. Under the impugned judgments, the reference court, on the basis of the evidence came on record, re-fixed the land value at Rs.35,990/- per Are, i.e., enhancement of 60% over what was awarded by the Land Acquisition Officer. 2. In these appeals, the claimants have raised various grounds, challenging the award of the compensation re-fixed by the reference court. Mr.Aloysius Thomas, learned counsel for the appellants, addressed us on all the grounds. Mr.Aloysius Thomas drew our attention to our own judgment in LAA No.413/2002, LAA.1481&1483/09 : 2 : which pertains to acquisition of land for the same purpose in the same village but included in Category IV, an inferior category. He submitted that, for properties in Category IV, land value is re-fixed at Rs.39,680/- per Are. The counsel requested that the properties in these cases being included in Category III, higher value be awarded. The submissions of Mr.Aloysious Thomas were resisted by the learned senior Government Pleader Smt.Latha T.Thankappan. However, we are of the view that the judgment in LAA.No.413/2002 cannot be ignored while deciding these appeals. It is seen that going by the award of the Land Acquisition Officer, the properties in Category III had a value of 5% more than the value of Category IV. Pertaining the same ratio, we re-fix the land value at Rs.41,700/- per Are in modification of the judgment under appeal. Appeals are allowed as above. It is made clear that the appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. It is clarified that the statutory interest under Section 28 of the Land Acquisition Act will be admissible on the solatium component. LAA.1481&1483/09 : 3 : 3. We notice that in the LAR case relating to LAA No.1481/2009, the court below has not awarded any enhancement towards value of structures. We are of the view that there is justification for awarding land value at Rs.4,404/- towards additional compensation for the structures. Accordingly, we award Rs.4,404/- to the appellants in that case towards value of structures. Similarly, in the LAR case relating to LAA.No.1483/2009, the Land Acquisition Officer awarded value of structures at Rs.1,29,883/-. The court below did not award any amount towards structures in that case. We feel that in this case also there is justification for awarding land value at Rs.39,000/- as additional compensation for the structures. Accordingly, we award a sum of Rs.39,000/- more to the appellant in that case towards value of structures. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks