IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1913 of 2008()
1. SMT.ASMABEE, W/O ANDRUMAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.C.P.WILSON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :17/12/2009
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A. No. 1913 of 2008
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Dated this the 17th day of December, 2009
J U D G M E N T
Pius C. Kuriakose, J.
The claimant is in appeal being aggrieved by what is
described as the inadequacy of the compensation awarded by the Land
Acquisition Officer. The property was acquired for the purpose of
National Highway. The property was in Cheranallur village and the
acquisition was pursuant to notification dated 14-03-2002. The Land
Acquisition Officer awarded land value at the rate of Rs.1,08,800/- per
Are. Before the reference court, the appellant relied mostly on Exts.A1
and A2. The appellant took out a Commission also. Ext.A2 was a
document which revealed a land value of more than Rs.34,000/-. But,
the Commissioner was not able to identify the property covered by
Ext.A2. The result was that the court below could not enter a finding
regarding the comparability of property under acquisition with the
property covered by Ext.A2. The court below after rejecting Ext.A2
would do guess work and re-fix the land value at Rs.1,41,440/- per Are
thus giving an increase by 30% over what was awarded by the Land
Acquisition Officer. In this appeal, the main prayer is that the judgment
LAA.No.1913/08
: 2 :
and decree be set aside and the LAR be remanded so as to grant an
opportunity to the appellant to take out a fresh Commission, so that the
property covered by Ext.A2 can be identified. We are not inclined to
grant the above request. But, at the same time, it is brought to our
notice by the learned Government Pleader Smt.Latha T. Thankappan
that this Court has, by judgment in LAA.No.981/2009, re-fixed the value
of identical properties acquired for the same purpose at Rs.1,57,760/-.
We are of the view that our decision in that judgment should be followed
so that a parity is brought forth between the value received by the
parties equally considered in value by the Land Acquisition Officer.
Accordingly, in modification of the impugned judgment and allowing the
appeal, we re-fix the land value at Rs.1,57,760/- per Are. The appellant
will be entitled for all statutory benefits admissible under Sections 23(2),
23(1A) and 28 of the Land Acquisition Act.
The appeal is allowed as above but without any order as to cost.
(PIUS C. KURIAKOSE, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
aks