PALU BROTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeals are filed from the common judgment passed in four references under Section 18 of the Land Acquisition Act. Only three appeals have been filed; ie: from LAR's 411, 412 and 414 of 2008, the appellant in two of such appeals being identical. The extent is respectively 9.81, 5.54 and 0.80 Ares situated in Thrikkakkara North Village. Section 4(1) notification was on 28.12.2006 and the award and date of possession was respectively on 10.09.2008, 09.07.2008 and 10.09.2008. The rate per Are in the first two references was Rs.4,44,444/- and in the last of such reference, Rs.4,22,222/-. The appellants claim Rs.15,00,000/- per Are. Initially the judgment passed was set aside and remanded in appeal, since the National Highway - Authority of India [NHAI], the requisitioning Authority was not impleaded. On remand, in the first two references the award was enhanced to Rs.10,71,975/- per Are and in the last of such reference Rs.10,18,376/- per Are.

(2.) We heard the learned Senior Counsel Sri.S.V.Balakrishna Iyer for the appellants, Sri.Shajahan T.K, learned GP and Sri.Mathews K Philip learned Standing Counsel for the NHAI.

(3.) The learned Senior Counsel argues that the enhancement is not adequate since the fair value fixed by the Government with respect to identical plots in the notified commercial area, also in the very same survey number, is at a much higher rate of Rs.30,00,000/- per Are. It is pointed out that Ext.A12 and A13 documents pertain to land in Edappally which have a much higher value when the fair value for that area was lesser. It is also pointed out that Exts. A12 and A13 are with respect to properties which did not have road frontage. It is argued that the properties which are the subject matter of the above appeals are small extents of properties which would fetch much more than that awarded by the reference Court. The reference Court also committed a grave error insofar as ignoring Exts A16 and A17 valuation reports with respect to the compound wall demolished on acquisition. Learned Senior Counsel seeks enhancement on both counts; land value as also the value for improvements.