IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1569 of 2009()
1. JOSE JOSEPH, S/O. PAULOSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.ALEXANDER JOSEPH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :12/01/2011
O R D E R
PIUS C. KURIAKOSE &
N. K. BALAKRISHNAN, JJ.
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L. A. A. No.1569 of 2009
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Dated this the 12th day of January, 2011
JUDGMENT
Balakrishnan, J
The claimant is in appeal. His property was acquired
for construction of Kothamangalam Byepass. Section 4(1)
notification was published on 07/01/2000. The property
acquired is a wetland without road frontage. The Land
Acquisition Officer fixed the land value at Rs.2,960/- per
Are. Originally, the Reference Court fixed the land value at
Rs.4,144/- per Are. To fix the land value as above, the
Reference Court had relied upon Ext.A2. The claimant then
filed appeal as LAA.300/08. This Court set aside the award
and remanded the matter for fresh consideration. The
Reference Court relied upon Ext.A1 another award passed in
LAR.191/95 and re-fixed the land value at Rs.6235/- per
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Are.
2. The learned counsel for the appellant submits that
Ext.R1, Mahazar prepared in respect of earlier land covered
under Ext.A1 award in LAR.191/95, would show that, that
was also a land without road frontage. He further submitted
that since the notification under Section 4(1) was issued in
that case on 13/12/89, for the passage of time sufficient
increase should have been given. Taking 6.5% as
reasonable increase per year, the total enhancement for 10
years i.e. from 13/12/89 to 07/01/2000, would come to
65%. We have taken note of the fact that the land covered
under Ext.A1 was situated just 100 metres away from Kochi
– Madurai N.H.49 whereas the property acquired in this case
was situated about 150 metres away from that road. So
much so, the acquired land should be treated as slightly
inferior to the land covered under LAR.191/95. The land
value fixed in LAR.191/95 was Rs.6235/- per Are.
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Considering the inferiority of the land and reducing it by
20%, the land value for this acquired land as on 13/12/1989
can be fixed at Rs.5,000/-. Adding 6.5% each per annum for
ten years (i.e. if the percentage of 65% is added) the total
amount would come to Rs.8,250/- per Are. Accordingly, we
find that the compensation awarded by the learned
Subordinate Judge is slightly inadequate and as such, we re-
fix the land value at Rs.8,250/- per Are.
3. The appeal is allowed to the extent indicated above.
The claimant is entitled for all statutory benefits admissible
under Sections 23(2), 23(1A) and under Section 28 of the
Land Acquisition Act.
PIUS C. KURIAKOSE
JUDGE
N. K. BALAKRISHNAN
JUDGE
kns/-
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