IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 51 of 2010()
1. KUNJU PILLAI
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SMT LATHA T THANKAPPAN, SR GOVT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :11/01/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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L.A.A.No. 51 OF 2010
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Dated this the 11th day of January, 2011
JUDGMENT
Pius C.Kuriakose, J.
The claimant is the appellant. His property in
Sakthikulangara Village situated within the limits of the Kollam
Municipal Corporation was acquired for the formation of NH-47
Kollam Bye pass. The relevant Section 4(1) notification was
published on 30/11/1995. The Land Acquisition Officer awarded
land value at the rate of Rs.60,882/- per Are. Before the
Reference Court, he produced documents Exts.A1 to A5. Ext.A5
was a report submitted by the commissioner at his instance in a
suit which the appellant had instituted earlier. Oral evidence on
the claimant’s side consisted of his own oral evidence as AW1.
On the side of the Government there was absolutely no counter
evidence. The court below would find that the sale documents
produced by the claimants were not sufficient to justify the
enhancement in land value. However, relying on Ext.A5 report,
the court below noticed that the property was situated in an very
important area and was enjoying various commercial
LAA.No.51/2010 2
potentialities. In that view of the matter, the court below would
do guess work and refix the land value at Rs.1,00,455/- per Are.
2. In this appeal various grounds have been raised
assailing the judgment of the Reference Court and
Sri.C.Rajendran, learned counsel for the appellant addressed
arguments on the basis of those grounds. All the arguments of
Mr.Rajendran were refuted by Sri.V.T.K.Mohanan, learned
senior Government Pleader.
3. Having anxiously considered the rival arguments and
having scanned the impugned judgment, we feel that the learned
Subordinate Judge was a little miserly while fixing the market
value. On a better guess based on the available materials, the
market value can, according to us, be refixed at Rs.1,,02,500/-
per Are. Accordingly, we refix the market value of the property
under acquisition at Rs.1,02,500/- per Are.
The appeal will stand allowed to the above extent. The
appellant/claimant will be entitled for all statutory benefits
admissible under Section 23(2), 23(1A) and Section 28 of the Act
on the total enhanced compensation to which she becomes
eligible by virtue of this judgment. The parties are directed to
LAA.No.51/2010 3
suffer their respective costs.
While drafting the decree, the Registry will have due
regard to the conditions imposed by this court in its order dated
3/2/2010 in C.M.Appln. No.81/2010
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk