High Court Kerala High Court

S.Molly vs State Of Kerala Represented By on 3 November, 2009

Kerala High Court
S.Molly vs State Of Kerala Represented By on 3 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1094 of 2009()


1. S.MOLLY, NAKKARA VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SMT.M.HEMALATHA

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :03/11/2009

 O R D E R
    PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
           ------------------------------------------
                   LAA. No. 1094 of 2009
           -------------------------------------------
         Dated this the 3rd day of November, 2009

                       J U D G M E N T

Pius C. Kuriakose, J.

The claimant is in appeal. The acquisition was of

property in Vithura Village. The acquisition was for the

purpose of construction of saddle dam. The relevant

Section 4(1) notification was published on 20-9-1993. The

land acquisition officer awarded land value at the rate of

Rs.6607/- per Are. Before the reference court the claimant

produced Exts.A1 and A2. A2 was a post notification

document and hence could not have been relied on. As for

Ext.A1 it was submitted on behalf of the claimant before the

reference court itself that A1 need not be considered. A

commissioner who conducted local inspection reported that

the property was at Vithura Junction. He also reported that

the property was very superior to the land covered by the

basis document. But strangely he did not make any

LAA. No. 1094/09

– 2 –

suggestions or recommendations as to the market value of

the property. Ultimately, the learned Subordinate Judge on

guess work would re-fix the market value of the acquired

property at Rs.8075/- per Are.

2. Having made a reappraisal of the evidence and

having considered the submissions addressed before us by

Smt. Hemalatha, learned counsel for the appellant and

Mr.Basant Balaji, learned senior Govt. Pleader we feel that

on a better guess based on the available evidence the

market value can be re-fixed at Rs.8250/- per Are.

Accordingly, we re-fix the market value of the land under

acquisition at Rs.8250/- per Are.

3. Another grievance raised by the appellant is that the

learned Subordinate Judge did not award proper

compensation for improvements which existed on the

property. The Advocate Commissioner recommended for

award of Rs.57,750/- as against the original award of

LAA. No. 1094/09

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Rs.22,500/-. The court below awarded Rs.19,250/- more

towards value of improvements. We find that the learned

Subordinate Judge has granted reasonable additional

compensation towards value of improvements. The learned

Subordinate Judge does not give any specific reason as to

why the recommendation of the commissioner is not

accepted in full. So it is clear that the court was not very

much impressed by the evidence of the Commissioner. The

commissioner was examined as AW2. We notice that the

award of the learned Subordinate Judge is less than 30% of

what was originally granted by the L.A.O.

4. Heard both sides. We feel that on a better

appreciation of the evidence including the commissioner’s

report the appellant will be entitled for a sum of Rs.5000/-

more over and above what was awarded by the reference

court. We award Rs.5000/- more towards value of

improvements over and above the enhanced compensation

LAA. No. 1094/09

– 4 –

awarded by the LAO.

The appeal stands allowed to the above extent. The

appellant will be entitled for all statutory benefits admissible

under Sections 23(1A), 23(2) and 28 of the Land Acquisition

Act on the total enhanced compensation inclusive of

solatium to which he becomes eligible by virtue of this

judgment.

PIUS C.KURIAKOSE, JUDGE

K.SURENDRA MOHAN, JUDGE
ksv/-