IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 LA.App..No. 1206 of 2009() -------------------------------------- LAR.32/2007 of SUB COURT, PALA .................... APPELLANTS/CLAIMANTS --------------------------------------- JOHN JOSEPH, MARAMTTAM, MELAMPARA P.O., THALAPPALAM VILLAGE,. BY ADV. SRI.T.J.MICHAEL, SRI.JOSE MATHEW (KAVALAKALAM). RESPONDENT/RESPONDENT -------------------------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVT. PLEADER SMT.T.T. JOSEPHINA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs LA.App..No. 1206 of 2009 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE SALE DEED NO.944/96 OF ERATTUPETTA SRO DATED 16/03/1996. ANNEXURE A2: COPY OF THE SALE DEED NO.257/02 OF ERATTUPETTA SRO DATED 14/03/2002. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.1206 of 2009 ------------------------------- Dated this the 19th day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The claimant is the appellant. His property in Thalappalam village was acquired for the purpose of upgradation of Ettumanoor-Poonjar state highway. The reference court refixed the land value at Rs.35,000/- per are. The submission of Mr.T.J.Michael learned counsel for the appellant that the value of similar lands acquired for the same purpose, pursuant to same notification was refixed by this Court by judgment in L.A.A.No.1180 of 2010 at Rs.47,000/- per are is not disputed by Smt.T.T.Josephina, learned Government Pleader. The appellant has another grievance. The same is that, for the improvements which consisted of a gate and substantial compound wall, for which the Land Acquisition Officer 2 L.A.A.No.1206 of 2009 awarded Rs.26,066/-, the court below did not award any enhancement despite recommendations by the Commissioner that the correct value of lands should be at Rs.55,000/-. We are of the view that though the learned Sub Judge is justified in not relying on the Commissioner's report, he could have granted atleast Rs.9,200/- more towards further value of that improvement. Hence we allow this appeal refixing the land value at Rs.47,000/- per are. We also award a further sum of Rs.9,200/- towards value of improvement. The appellant 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 refixed compensation. However, while the decree is prepared, the concerned section will have due regard to conditions if any imposed by this Court in its order dated 14.10.2009 in C.M.A.No.1660 of 2009. It shall be also ensured that before issuing decree copy, the 3 L.A.A.No.1206 of 2009 full court fee on the appeal memorandum is remitted. The parties are directed to suffer their respective costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/