STATE OF KERALA Vs. HEMA RAJ

JUDGEMENT

(1.) ALL these appeals are preferred by the Government. Memorandum of Cross Objections is filed by the respondent in LAA.1145/10. These acquisitions were for development of International Airport, Thiruvananthapuram pursuant to Section 4(1) notification published on 10/08/04. The Land Acquisition Officer awarded land value at the rate of Rs.1,21,507/- per Are. The Reference Court placing reliance on Ext.A2 judgment would re-fix the land value at Rs.17 lakhs per Are. In the appeals preferred by the Government the enhancement granted by the Reference Court is assailed as being exorbitant whereas in the memorandum of cross objections filed in LAA.1145/10 reliance is placed by the Cross Objector on the judgment in LAA.867/08. It is urged that as per that judgment, the market value will not be less than Rs.14 lakhs per Are.

(2.) SMT.Latha T. Thankappan, the learned Senior Government Pleader would address strenuous arguments on the basis of the grounds in the appeals preferred by the Government. Sri.Lal George would strongly argued on the basis of memorandum of cross objections in LAA.1145/10. We have very anxiously considered the submissions addressed at the Bar. Our attention is drawn by the learned counsel in their submissions to judgment of this Court in LAA.605/10 and also to the judgment of this Court in LAA.673/10. We feel that of the various judgments to which our attention is drawn, it is the judgment in LAA.673/10 which has the maximum probative value in the matter of determining the correct market value of the properties under acquisition in this case. The property in that case was also acquired for the same purpose pursuant to a notification two months earlier. The Land Acquisition Officer had awarded value at the rate of Rs.1,21,507/- per Are (values slightly higher than the value awarded for these properties). This Court under the above judgment has approved the re-fixation of the land value at Rs.10 lakhs per Are. Even though Sri.Lal George's submissions based on LAA.867/08 were very persuasive, we are not inclined to rely on that judgment. This is because we notice that in that case the Land Acquisition Officer had awarded a much higher value to the party other than what is awarded to the claimant in these cases. According to us, the market value of the properties under acquisition should be re-fixed based on the judgment in LAA.673/10. Relying on that judgment, we re-fix the market value of the land under acquisition in all these cases at Rs.10 lakhs per Are. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act.