IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 591 of 2009()
1. PARAYIL MOOSA, S/O.AYAMU HAJI,
... Petitioner
Vs
1. SPECIAL TAHSILDAR,
... Respondent
For Petitioner :SRI.R.SURENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :22/01/2010
O R D E R
PIUS C. KURIAKOSE &
C. K. ABDUL REHIM, JJ.
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L. A. A. Nos.591, 594, 595 & 598 of 2009
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Dated this the 22nd day of January, 2010
JUDGMENT
Pius C. Kuriakose, J
The claimants are the appellants in all these
appeals. L.A.A.591/09 and L.A.A.595/09 pertain
respectively to the judgments and decree in
L.A.R.432/01 and L.A.R.244/01. L.A.A.594/09 and
L.A.A.598/09 pertain respectively to L.A.R.248/01 and
L.A.R.234/00. In the case pertaining to L.A.A.595/09,
the Land Acquisition Officer awarded land value at the
rate of Rs.682/- per cent which was re-fixed by the
Reference Court at Rs.2,500/- per cent on the basis of
the evidence that came on record. In L.A.R.432/01
corresponding to L.A.A.591/09, though the Land
L. A. A. Nos.591, 594, 595 & 598 of 2009 -2-
Acquisition Officer granted the same rate, the
Reference Court would re-fix the land value only at the
rate of Rs.1,500/- per cent on the basis of the
evidence which came on record. In the other two
cases, the Reference Court would re-fix the land value
at Rs.1,500/- per cent.
2. Even though several grounds are raised in
these memorandum of appeals, when they came up
for hearing Sri.R.Surendran, the learned counsel for
the appellants would draw our attention to the
judgment of this Court in L.A.A.1634/08 and
L.A.A.1639/08. Those judgments pertain to
acquisition of lands similar to the lands involved in
these appeals. It is seen from those judgments that
for the lands for which the Land Acquisition Officer
L. A. A. Nos.591, 594, 595 & 598 of 2009 -3-
awarded Rs.682/- per cent, this Court has re-fixed
value at Rs.3,000/- per cent and for the lands for
which the Land Acquisition Officer awarded value at
the rate of Rs.486/- per cent, this Court has re-fixed
the value at Rs.2,500/- per cent. The request of the
learned counsel is that the judgments of this Court
may be followed and the appeals be allowed.
3. The learned Senior Government Pleaders
would point out that the appellants have limited their
claim for enhancement to Rs.500/- per cent in all the
appeals. According to the learned Senior Government
Pleaders, the appellants are not entitled for any
further enhancement over what they have claimed in
these appeals.
4. We accept the submission of Sri.R.Surendran
L. A. A. Nos.591, 594, 595 & 598 of 2009 -4-
regarding the probative value of the judgments in
L.A.A.1634/08 and L.A.A.1639/08. At the same time,
we find merit in the submission of the learned Senior
Government Pleaders regarding the appellants’
eligibility for enhanced compensation. Under the above
circumstances, we are inclined to allow all the above
appeals awarding further enhancement over and
above what has been awarded by the Reference Court
at the rate of Rs.500/- per cent to each of the
appellants. The appellants will be entitled for all
statutory benefits on the enhancement which is
awarded to them under this judgment as admissible
under Sections 23(2), 23(1A) and Section 28 of the
Land Acquisition Act.
5. All the above appeals are allowed, but in the
L. A. A. Nos.591, 594, 595 & 598 of 2009 -5-
circumstances without any order as to costs.
PIUS C. KURIAKOSE
JUDGE
C. K. ABDUL REHIM
JUDGE
kns/-