IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2328 of 2008()
1. STATE OF KERALA, REP. BY THE
... Petitioner
Vs
1. V.C. CHANDRA MOHAN, S/O. LEKSHMANAN,
... Respondent
2. THE MANAGING DIRECTOR, INTERNATIONAL
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :18/12/2009
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A. No. 2328 of 2008 B
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Dated this the 18th day of December, 2009
J U D G M E N T
Pius C. Kuriakose, J.
This appeal by the government pertains to acquisition
of land in Pettah village for the purpose of expansion of
International Air Port, Thiruvananthapuram. Relevant Section 4(1)
notification was published on 04-02-1999. The Land Acquisition
Officer awarded land value at the rate of Rs.87,495/- per Are. The
reference court relying on Ext.A1 re-fixed the land value at
Rs.2,00,000/- per Are.
2. Our attention is drawn by Sri.Basant Balaji, learned
senior Government Pleader, to our own judgment in a number of
cases relating to acquisition for the same purpose. The learned
Government Pleader submitted that the maximum enhancement,
which has been approved by this Court in similar cases, is 90%
over what was awarded by the Land Acquisition Officer. The
learned Government Pleader requested that the enhancement
may be below 90% of what was granted by the Land Acquisition
LAA.2328/08
: 2 :
Officer. Learned counsel for the respondent, however, would
support the impugned judgment. He would argue that the property
under acquisition has special advantages which justify special
treatment.
3. Having considered the rival submissions, we are of the
view that the evidence on record will not justify award of more than
Rs,1,70,000/- per Are for the property under acquisition. We are
of the view that the rate fixed by the learned Sub Judge is slightly
excessive. Accordingly, interfering with the impugned judgment,
we re-fix the land value at Rs.1,70,000/- petitioner Are.
The appeal is allowed to the above extent. It is clarified that
the claimant will be entitled for all statutory benefits on the total
enhanced compensation to which the appellant becomes eligible
by virtue of this judgment. Parties are directed to suffer their
costs.
(PIUS C. KURIAKOSE, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
aks
