P. Abdul Azeez vs State of Kerala

Pius C. Kuriakose, J.—The claimant is in appeal. His land in Kowdiar village was acquired for the purpose of widening of the road from Pattom to Kowdiar. The acquisition was pursuant to Section 4(1) notification published on 16/09/04. The Land Acquisition Officer awarded land value at the rate of Rs. 1,77,840/- per Are. On appreciating the evidence adduced by the appellant before the Reference Court which consisted of mainly Exts.A1 to A4 the learned Subordinate Judge would re-fix the land value at Rs. 2,79,917/- per Are.

In the present appeal the claim is for re-fixation of the market value at the rate of Rs. 22 lakhs per Are. Our attention was drawn by the learned counsel for the appellant to the judgment of this Court in L.A.A.492/11. We find that

under that judgment, the market value of the land in the same village acquired for the same purpose was re-fixed at Rs. 22 lakhs per Are. The submission of Sri. C.R. Syamkumar, the learned Senior Government Pleader was that though it is true that the judgment in L.A.A.492/11 has attained finality and several claimants have been awarded land value at that rate, the appellant cannot be awarded anything more than Rs. 6 lakhs per cent corresponding to Rs. 14,82,000/- per Are. This according to the learned Senior Government Pleader is because the appellant''s claim before the Land Acquisition Officer as well as before the Reference Court was only for Rs. 6 lakhs per cent. We find force in the above submission of the learned Senior Government Pleader. We follow the judgment of this Court in L.A.A.492/11 and allow this appeal and re-fix the market value of the land under acquisition at Rs. 6 lakhs per cent corresponding to Rs. 14,82,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and u/s 28 of the Land Acquisition Act. The appellant will be entitled for proportionate costs also.