IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 504 of 2004()
1. CHERUKUNNON KANDOTH KUNHIKANNAN,
... Petitioner
2. LAKSHMI, D/O. KESAVAN,
3. BALAN, S/O. KESAVAN, OTTAPPURAYIL HOUSE,
Vs
1. THE SPECIAL TAHSILDAR, L.A.,
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :21/05/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A. No.504 of 2004
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Dated this the 21st day of May, 2010
J U D G M E N T
———————-
Pius C.Kuriakose,J.
The claimants are in appeal. This appeal is confined to
the claim for enhanced compensation for the building which
existed on the property. The claim is limited to Rs.25,000/-.
Total compensation which was awarded by the Land
Acquisition Officer was Rs.1,38,407/-. The claim for
enhanced compensation for building was disallowed on the
reason that the claimants did not adduce any evidence.
Sri.Gracious Kuriakose, learned counsel for appellants
submitted that the claimant was not able to take out a
commission since he was abruptly dispossessed of the
building. We cannot blame the learned Subordinate Judge in
not having found that evidence in the case falls short of
holding that the compensation awarded for the building is
inadequate. But we notice that the Land Acquisition Officer
awarded compensation for building on the basis of valuation
by PWD authorities. It is a matter of common knowledge that
LAA.504/2004-A 2
construction of buildings in accordance with PWD schedule
of rates is not a pragmatic proposition. Even the PWD is
tendering out its works at 25-35% above their published
rates. Keeping that in mind, we are of the view that we are
justified in awarding at least Rs.25,000/- more to the
appellants and we do so. Appeal is allowed in full.
Rs.25,000/- more is awarded. The appellants will be entitled
for all statutory benefits admissible under Sections 23(1A),
23(2) and 28 of the Land Acquisition Act. But parties are
directed to suffer their respective costs.
PIUS C.KURIAKOSE, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb