High Court Kerala High Court

Thomas vs State Of Kerala on 14 September, 2009

Kerala High Court
Thomas vs State Of Kerala on 14 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 934 of 2009()


1. THOMAS,S/O.PAILY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE LEGAL OFFICER (SECRETARIAL),

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :14/09/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
             L. A. A. No.934 of 2009
    ------------------------------------------------
   Dated this the 14th day of September, 2009

                    JUDGMENT

Pius C. Kuriakose, J

The claimant is in appeal being not satisfied by

the award of the Land Acquisition Reference Court.

The acquisition was for the purpose of Kochi Refineries

Ltd. pursuant to Section 4(1) notification published on

04/11/2000. The property was situated in

Thiruvaniyoor village. The Land Acquisition Officer

awarded land value at the rate of Rs.34,800/- per Are.

Ext.A1 was the only tangible item of evidence

produced by the appellant in support of the claim for

enhancement in land value. Ext.A1 was relied on and

proportionate increase was given. Thus, the land value

L. A. A. No.934 of 2009 -2-

was re-fixed at Rs.45,818/- per Are. For the

structures, the appellant was awarded a total amount

of Rs.1,30,807/- by the Land Acquisition Officer. A

commissioner’s report was relied on. The court below

was not very much impressed by the Commissioner’s

Report or by the oral evidence adduced by the

appellant. Thus, no enhancement was granted towards

value of structures.

2. We have heard submissions of T.A.Shaji, the

learned counsel for the appellant, Smt.Thushara

James for the Requisitioning Authority/Kochi Refineries

Ltd. and Sri.Basant Balaji, the learned Senior

Government Pleader. Sri.Shaji would argue that the

court below should have awarded land value at

Rs.55,000/- per Are. We cannot accept the above

argument. Ext.A1, as already indicated, was the only

L. A. A. No.934 of 2009 -3-

item of tangible evidence. Ext.A1 was relied on and

the maximum value which could have been granted

based on Ext.A1 is granted.

3. But we find that there is an element of

genuineness in the grievance voiced by the appellant

regarding the compensation awarded for the

structures. May be, the Advocate Commissioners

Report was not convincing. Even then, it is well known

that construction of buildings in accordance with PWD

schedule of rates is not a pragmatic proposition. We

feel that there is justification for granting at least 20%

increase on the building value taking into account the

ground realities. Accordingly, in modification of the

award of the Reference Court, we award a further

amount of Rs.26,160/- towards value of structures.

L. A. A. No.934 of 2009 -4-

4. The appeal will stand allowed to the above

extent only. It is needless to mention that for the total

enhanced compensation to which the appellant

becomes eligible by virtue of this judgment he will be

entitled for statutory benefits admissible under law.

Parties are directed to suffer their costs.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-