Gokulan vs State of Kerala and The Managing Director, K.S.I.D.C.

Pius C. Kuriakose, J.—The claimants are in appeal. Their land in Pallipuram village was acquired for establishment of Industrial Growth Centre. Relevant Section 4(1) notification was published on 24/11/1997. The Land Acquisition Officer awarded land value at the rate of Rs. 7876/- per Are. The Reference Court on evaluating the evidence which came on record refixed the same at Rs. 9845/- per Are.

In this appeal the appellant contends that the rate fixed by the Reference Court is inadequate. Our attention is drawn by the learned Counsel for the appellant to the judgment in L.A.A. No. 704/2006. We find that under that judgment, this Court has refixed the value of identical lands at Rs. 17297/- per Are. We also notice several judgments of this Court wherein the value of wet lands identical to those involved in this case have been refixed at Rs. 1730/- per Are.

Having considered the submissions of Sri C.K. Sajeev learned Counsel for the appellant and those of Sri. Joby Cyriac learned Counsel for the requisitioning authority, we are of the view that the appeal can be allowed refixing the market value of 5.68 Ares of dry land involved in this case At Rs. 17,297/- per Are and that of 6.46 Ares of wet land involved in this case at Rs. 1730/- per Are. It is accordingly refixed.

The appeal is allowed as above, but without any order as to costs. The appellant/claimant will be entitled for all statutory benefits admissible u/s 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which claimant becomes eligible by virtue of this judgment. However, while drafting the decree, the Section will have due regard to the conditions imposed by us in our order dated 15/7/2010 CM. Apply No. 1188/2010.