IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1918 of 2008(D)
1. NABEEZATH BEEVI
... Petitioner
Vs
1. STATE OF KERALA,REP.BY DT.COLLECTOR,KLM.
... Respondent
For Petitioner :SRI.PRATHEESH.P
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/05/2009
O R D E R
V. RAMKUMAR,J
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L.A. Appeal No. 1918 of 2008
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Dated, this the 22nd day of May, 2009
JUDGMENT
Heard both sides.
2. 1.35 Ares of land comprised in Re.Sy.No. 256/20 of
Mynagappally Village and belonging to the appellant/claimant was
compulsorily acquired by the State for the purpose of Railways.
Notification under Sec. 4(1) of the Land Acquisition Act was published
on 27-09-1992. Advance possession was taken on 3-2-1992. The
award was passed on 21-12-1995. The Land Acquisition Officer fixed
the land value at the rate of Rs. 4652/- per Are. Aggrieved by the
award passed by the Collector, the appellant sought a reference of the
case to the Sub Court, Kollam. As per the impugned judgment dated
14-11-2007 the Reference Court in the above reference numbered as
L.A.R. 218 of 1996 fixed the land value at the rate of Rs. 7,299/- per
Are which works out to Rs. 2737/- per Are as the enhancement. The
said enhancement was arrived at by the Reference Court by
arbitrarily fixing the enhancement by 60% of the above land value
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awarded by the Land Acquisition Officer. The appellant was also
given the other statutory benefits. The appellant/claimant challenges
the award passed by the reference court on 14-11-2007.
3. The court below had considered the awards passed by that
Court in LAR 32 of 1994 (Ext.A1), LAR 123/94 (Ext.A2), LAR
136/94 (Ext.A3), LAR 220/96 (Ext.A4) and LAR 333/90 (Ext.A5)
produced on the side of the claimant as comparable awards. In
paragraph 8 of the judgment the Court below came to the conclusion
that the land of the claimant involved in the present proceedings is
comparable to the land involved in LAR No.220/96 and covered by the
judgment dated 30-09-2002 which was marked as Ext.A4.
Undisputedly the land covered by Ext.A4 award was covered by the
very same notification dated 27-9-1992. In Ext.A4 award the court
below had fixed the land value at Rs. 12678 per Are which means the
enhancement given was at the rate of Rs. 8116/- over and above the
land value of Rs. 4562/- awarded by the Land Acquisition Officer.
No tangible reasons have been given by the court below to justify its
observation that the enhancement given in Ext.A4 award is on the
higher side. There is no dispute that Ext.A4 award has not been
appealed against and it has become final. If so, the claimant was
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legitimately entitled to the very same enhancement that was given in
Ext.A4 award in which also adjacent land comparable to the land
belonging to the claimant was acquired under the very same
notification. Accordingly, in modification of the impugned award, , the
appellant is held entitled to enhanced land value at the rate of Rs.
12,678 per Are which will be more than Rs. 8,116/- awarded by the
Land Acquisition Officer. The appellant is also held entitled to the
statutory benefits admissible under Sections 23(2) / 23(1A) and Sec.
28 of the Land Acquisition Act on the enhanced compensation as
allowed by this judgment.
The appeal is allowed as above.
Sd/-V. Ramkumar, Judge.
/true copy/
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