IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 71 of 2010()
1. SRI.THOMAS, S/O. EMMANNUEL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.RAJU K.MATHEWS
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :14/01/2010
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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L.A.A..Nos. 71 & 892 OF 2010
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Dated this the 14th day of January, 2011
JUDGMENT
Balakrishnan, J.
The claimants are in appeal. Properties covered by these
two cases are falling under Group IV (A). Land value fixed by
the Land Acquisition Officer was Rs.19,752/- per Are. The
Reference Court refixed the land value at Rs.58,444/- per Are.
The learned counsel for the appellants submits that the land
value fixed by the court is too low. We take note of the fact that
while refixing the land value, considering the category of land in
which these lands are situated, the Land Acquisition Officer took
approximately 90% of the land value fixed in respect of the
lands falling under Group III(B). Taking roughly 90% of the
value of the land fixed for Group III(B) as land value, we find
that the land value of properties acquired in these two cases can
be refixed at Rs.38,215/- per cent.
2. It is submitted by the learned counsel for the appellants
that in the property acquired from the claimants in L.A.A.
No.892/2010 there was a building. The Reference Court
LAA.Nos.71 & 892/2010 2
confirmed the value of the building fixed by the Land Acquisition
Officer at Rs.2,57,367/-. The learned counsel for the claimants
submits that the value of the building was fixed based on the
PWD schedule of rate. It is common knowledge that the rate
fixed by the PWD would be always low when compared to the
actual value of the building. Taking note of that fact, we find
that the value of the building can be enhanced by 20% and as
such the appellants in L.A.A.No.892/2010 are entitled to get
Rs.51,473/- over and above the value of the building fixed by
the Land Acquisition Officer as additional compensation towards
the building.
These appeals are allowed to the above extent. The
claimants 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 they become eligible by
virtue of this judgment.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk