OUSEPH SCARIA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimant is the appellant. The land under acquisition was in Manakkadu Village. The acquisition was for the construction of Thodupuzha Bye-pass. Relevant Section 4 (1) notification was published on 12/6/2002. The Land Acquisition Officer included the property under acquisition in Group III and awarded land value at the rate of Rs.17,561/- per Are. The Reference Court on the basis of the evidence consisting of the commission report also came to the conclusion that the appellant's land was eligible to be included in Group II for which the LAO has awarded land value at the rate of Rs.19,512/- per Are. The learned Sub Judge would refix the value of the land under acquisition at Rs.57,333/- per Are.

(2.) OUR attention was drawn by Mr.V.G.Arun learned counsel for the appellant to the judgment of this court in L.A.A. No.858/2009 which is the appellate judgment relating to Ext.A6 which was relied on by the Reference Court. Mr.Arun submitted that under that judgment, the value of the land was refixed by this court at Rs.45,000/- per Are. The learned counsel submitted that there is every justification for enhancing the land value at Rs.50,000/- per cent. In this connection our attention was drawn by the learned counsel to the judgment of this court in L.A.A. No.1355/2009 wherein the value of the land was refixed finally by this court at Rs.50,000/- per cent. Mr.Arun submitted that under Ext.A6 reliance was placed by the learned Sub Judge on LAR. NO.82/2005. This court in L.A.A. No.337/2009 refixed the value of the land at Rs.50,000/- per cent for similar land.

(3.) THE appeal is allowed. The market value of the land under acquisition is fixed at Rs.50,000/- per cent. On the refixed compensation the appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act subject to the conditions this court has imposed while condoning the delay. Parties will suffer their respective costs . Decree copy will be issued to the appellant only after ensuring that the appellant has remitted full court fee payable on the appeal memorandum.