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Kerala High Court
State Of Kerala vs K.Balakrishnan on 29 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1045 of 2008()


1. STATE OF KERALA,
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER, NH DIVISION,

                        Vs



1. K.BALAKRISHNAN,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :29/01/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                    L.A.A.No. 1045 OF 2008
                      ------------------------

            Dated this the 29th day of January, 2010

                            JUDGMENT

Pius C.Kuriakose, J.

The Government is in appeal. The case pertains to

acquisition of land in Nellikode village in Kozhikode Taluk for

the purpose of construction of Calicut Bye pass. The relevant

Section 4(1) notification was published in the year 1998. The

Land Acquisition Officer fixed the land value for garden lands at

Rs.14,634/- per cent and for wet lands at Rs.8213/- per cent.

The Reference Court on the basis of the evidence which came on

record, would refix the value of garden lands at Rs.60,000/- and

that of wet lands at Rs.55,000/- per cent.

2. Our attention is drawn by the learned senior counsel

Smt.Latha T.Thankappan to the judgment of this court in L.A.A.

Nbo.381/2007. The above L.A.A. was in respect of acquisition of

identical lands in the same village. We find that under the

judgment in that L.A.A., we interfered with the enhancement

granted by the Reference Court and refixed the market value by

awarding 276/- per cent enhancement in respect of garden lands

LAA.No.1045/2008 2

and 128/- per cent in respect of wet lands. Even though the

learned counsel for the respondents argued that Ext.A2 and A3

produced by them before the Reference Court were very relevant

documents pertaining to acquisition of land in the same village,

Smt.Latha T.Thankappan would draw our attention to L.A.A.

No.774/2006 and R.P. No.1208/2007 pending therein and

submit that the property in that case was actually in Chevayur

village. She also points out that relevant notification in that

case was entirely different.

3. We are of the view that having regard to the finality

attained by the judgment in L.AA. No.381/2007, we have to

follow the decision taken in that judgment for the purpose of

refixing the market value of lands under acquisition in this case.

2. Accordingly, we allow the appeal and refix the market

value of the garden land under acquisition at Rs.55,100/- per

cent. Similarly, we refix the market value of the wet lands under

acquisition at Rs.20,000/- per cent. Thus granting about more

than 276/- per cent enhancement for garden lands and 150/-

per cent enhancement for the wet lands.

The appeal stands allowed to the above extent. But, it is

LAA.No.1045/2008 3

needless to mention that the claimant will be entitled for all the

statutory benefits on the total enhanced compensation by virtue

of this judgment.

The parties are directed to suffer their costs.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
dpk


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