E A ABDUL KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal by the claimant pertains to acquisition of land in Edappally North village within the area of Cochin Corporation for the purpose of National Highway 17. The acquisition was pursuant to Section 4(1) notification published on 14/03/02. The Reference Court included the property in category No.2 (dry land with direct road frontage of tarred corporation road) and awarded value at the rate of Rs.1,25,400/- per Are. The Reference Court did not rely on any of the documents produced by the appellant. Ultimately applying the rule of thumb the Reference Court granted enhancement by 20%.

(2.) WE have heard submissions of Smt.Rose Michael, the learned counsel for the appellant and Smt.T.T.Josephina the learned Government Pleader. Our attention was drawn by Smt.Rose Michael to judgment of this Court in L.A.A.815/10. WE find that the appellant himself was the party to that LAA. WE further find that the property under acquisition was in the same village and the acquisition was pursuant to the same notification. But the only difference is that the Land Acquisition Officer had awarded slightly higher value to the claimant in that case. Under the above judgment, this Court has re-fixed the value involved in that case at Rs.2,01,600/-. Smt.Josephina, the learned Government Pleader submitted that the property involved in this case is in a different category. True, the property is in a different category. But we find that in terms of value there was not much difference. According to us, reliance can be placed on the judgment of this Court in L.A.A.815/10 and proper enhancement can be granted to the appellant. Taking into account all relevant inputs, we re-fix the value of the land under acquisition at Rs.2 lakhs per Are. The appeal will stand allowed to the above extent.